Residents Association in breach of a Fire Safety Order?

Residents Association in breach of a Fire Safety Order?

0:05 AM, 26th April 2024, About 6 months ago 3

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How can the shareholders of a small Residents Association get the Directors to run the association properly?

At present, we are in breach of a Fire Safety Order by 14 months because the Directors have failed to implement the report’s recommendations!

There is more than enough money in the sink fund to cover the cost of this work. 80% of the Lessees have had their flats works completed by themselves so they comply, 20% which are tenanted flats have refused to get theirs done or contribute to the cost, the local Fire Officer has issued an enforcement notice.

Will we be liable if an incident occurs and someone gets hurt or property damaged?

Would the insurers refuse cover as the work has not been carried out?

Many thanks

Kevin


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Graham Bowcock

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10:32 AM, 27th April 2024, About 6 months ago

The directors are appointed by the shareholders, so if they are not performing they can be removed. You need to check your Memorandum and Articles of Association for the company to see how directors are appointed, then deal accordingly.

If I were you I would act sooner rather than later. Fire safety is a big issue. In the first instance the directors will be liable, but this may impact on the leaseholders if, for example, insurance is not valid. You will need to reads the policy to see what is required, but if an FRA has not been acted on this may limit cover.

Itsonlyme

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15:11 PM, 28th April 2024, About 5 months ago

Reply to the comment left by Graham Bowcock at 27/04/2024 - 10:32
Thank you for your comments, I think this is what I had assumed, additionally is the Landlord responsible for gas & electrical safety on the properties or does that fall on the Leasholders? especially if they are subletting the demised premesis.

Graham Bowcock

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8:35 AM, 29th April 2024, About 5 months ago

Reply to the comment left by Itsonlyme at 28/04/2024 - 15:11
The safety within individual flats is the responsibility of the leaseholders.

The safety within communal areas is for the freeholder/management company, so there should be periodic electric checks done. It is unlikely there is any communal gas supply, but if there is then that would need to be tested too.

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