The property manager is legally responsible for the condominium and, as such, must be legally responsible for any action or omission that causes harm to the condominium or third parties.
To protect the trustee from these situations, there is a type of insurance called Trustee's Civil Liability Insurance. This insurance, although not mandatory, can be activated whenever the liquidator causes losses.
What is the Receiver's Civil Liability Insurance?
The Administrator's Civil Liability Insurance covers situations of omission or negligence on the part of the administrator. It does not cover moral damages arising from legal proceedings. The main function of this insurance is to offer financial protection to the liquidator, preventing him from bearing losses caused by inadequate administrative decisions.
Liability Situations
In addition to being administratively liable, liquidators may be held civilly and criminally liable, depending on the severity of their acts. Some examples include:
Omission in the Contracting of Mandatory Insurance: The building manager must take out insurance that covers the entire building against the risk of fire or other events that could cause total or partial destruction of the facilities. Failure to do so may lead to serious legal consequences.
Negligence in Maintenance: Failures in the maintenance of common areas that result in accidents or damage are also the responsibility of the property manager.
Inadequate Administrative Decisions: Any decision that causes financial loss to the condominium, whether due to poor resource management or unfavorable contracts.
Insurance Benefits
The main benefits of taking out the Receiver's Civil Liability Insurance are:
Financial Protection: Coverage of legal expenses and financial compensation in case of legal proceedings.
Peace of mind for the Trustee: Security for the Trustee to make decisions without the constant fear of possible lawsuits.
Trust of Condominium Owners: Demonstrate responsibility and commitment to protecting collective heritage.
Conclusion
The role of property manager requires a series of responsibilities and careful action to avoid legal problems.
The Receiver's Civil Liability Insurance is an essential tool that offers protection against possible losses caused by inappropriate decisions. Protect yourself and ensure peace of mind when managing your condominium.
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References
Revista SindicoNet: Responsabilidade Civil do Síndico
ABRAMGE: Seguros de Responsabilidade Civil