What Happened
The attic in an apartment building had a broken lock for an extended period. The management company did not respond to residents’ complaints.
A group of teenagers entered the attic and made their way onto the roof. From there they pushed several sheets of roofing material onto cars parked below, damaging them.
The court ordered the management company to pay the damages.
The Legal Logic
Article 1064 of the Civil Code establishes the general principle: harm is compensated by the person who caused it. However, Article 1068 of the Civil Code and related provisions permit liability to be imposed on a person who was obliged to prevent the possibility of harm occurring but failed to do so.
The management company is responsible for properly maintaining the common property of an apartment building (Article 161 of the Housing Code). The list of common property includes attics, roofs, basements, and access points to them.
The court established causation: the harm was only possible because the management company had failed to secure the attic. Had the lock been in working order, the teenagers could not have caused the damage.
Conclusion: a management company is liable for harm caused by third parties when that harm was made possible by the improper maintenance of common property.
Who Else May Be Held Liable
The “harm through improper maintenance” principle applies across a wide range of situations:
- An icicle falls from the roof and damages a car or injures a pedestrian — the management company is liable if it failed to clear snow and ice.
- A burst pipe in the building’s shared infrastructure floods apartments — the management company is liable.
- A defective lift causes injury — the organisation responsible for servicing the lift is liable.
- An unlit courtyard — a hazardous area about which residents had warned the management company.
How to Claim Compensation
-
Document the harm: photographs/video, a police report, an independent expert assessment.
-
Establish the link to improper maintenance: previous complaints to the management company (with dates), condition reports, minutes of residents’ meetings.
-
Send a written complaint to the management company demanding compensation.
-
If the company refuses — file a court claim. Such cases are typically heard in the district court at the location of the property.
Read Also
- Noisy Neighbour: Three Legal Steps That Actually Work
- Lifetime Right of Residence: When a New Owner Cannot Evict a Tenant
- Resettlement in Russia: Will Utility Debts Follow You?
Suffered harm as a result of improperly maintained common property, or is the management company refusing to compensate you? Contact us for a consultation — we will help document the breach and recover compensation through the courts.