A responsibility to get rid of even if you have different responsibilities associated with managing the house passed onto the shoulders of management company. The general popular error still survives in large numbers by many members of statutory bodies, today many people think that they are so-called because of the signed contract from the hook. They are not!
Authorized administrator is not the savior!
Often, the administrator has to take care to exercise the rights and obligations associated with the management of common property and the bookkeeping. "All clients repeatedly recommend these agreements are separate and draw attention to the fact that no contract will not guarantee them well done management. That alone will ensure continuous and thorough checks. If during these faults are found, they can then take over the accounts themselves or entrust another company. They must realize that to be correct and proper fulfillment of obligations still appropriate and only members of statutory bodies, not the manager! "Says Kateřina Procházková of professional pravnigramotnost.cz portal for owners associations and housing cooperatives.
Her words are confirmed by attorney Bohdan Hejduková. "It is a mistake to believe that the administrator has a legal relationship with the owners of units, ie members of the condominium. Responsibility to the individual members of the condominium is only to members of the statutory bodies. Again, it is reiterated that the contract can be transferred only exercise these rights and obligations, not their responsibility. Contractually can treat a maximum penalty for incorrect performance of his activities, but it does not have the legal responsibility of nothing. "
Underestimating contracts backfiring
Generally it is not to be recommended to the condominium or BD pay careful attention to contractual arrangements with the trustee, unless the members of the condominium or cooperative to manage third party rule. In particular, the agreement on the rights and obligations of the parties and certainly also really well as penalty clauses for breach of obligations under the contract. Careful preparation and monitoring of contract, however, is one thing, but the other things must be really consistent and regular checking of the Management of the company, together with any consistent factoring deficiencies and verifiable invitation to remedy because only thus will be responsible for any damages exempt. In this context, it should also mention the careful wording of the Articles relating to performance management or third party content requirements contract with such person.
Liability for damage caused
"Quite often we see in practice with a weak recovery of arrears from members of the community or cooperatives. Often this is the attitude of some of the committees or boards of directors too lenient, "says Kateřina Procházková, adding that members of statutory bodies condominium or cooperative can not afford to embark on a personal confrontation with its neighbors defaulters. This often use the aforementioned manager or vice versa effective solutions delaying until the debts are so old that there is also the partial limitation.
"In this regard, it should recommend anchoring careful editing process recovery in the statutes, and the priority invitation to meet, through pre-trial reminders to bring proceedings, including treatment for recovery costs, which would of course be borne by the debtor of his, "says attorney Hejduková and adds that even in this case the statutory authorities can not absolve themselves of responsibility for damage caused. The financial damage can lead but unsolved expiration of the term of office of members of statutory bodies, or timely unchanged statutes or timely undelivered deed in the registers for which the competent court may impose a fine of up to 100 thousand.
With due diligence
A member of an elected body is obliged to perform his duties with the so-called due diligence. The new Civil Code in this regard specifically provides that anyone who accepts the position of member elected body agrees that it will carry out "the necessary loyalty is the necessary knowledge and care."
"In the event that a person accepts a position or it persists despite knowing that her knowledge or for other reasons are not enough, and of course, such an approach could be the new legislation constitutes conduct that is incompatible with the due diligence of Parties to this person, with all the ensuing legal consequences, in particular the obligation to pay compensation, "says Hejduková, adding that the new Civil Code aims to persons acting as members of an elected body (typically a statutory body or. the function of the auditor or member of the Supervisory Commission) more stress than ever before. I would therefore condominium members of statutory bodies and BD had any serious steps and decisions rather timely consult with experts, it is highly likely that you will save a number of unnecessary expenses, paperwork and other problems.
Source: tz (Legal gramotnost.cz)