What are the legal responsibilities of the building manager within the law?

According to the Mehr Reporter, with the increase in the life of the apartment in big cities, the role of the manager or board of the building in the joint affairs office has become of particular importance. The building manager is not only responsible for executive, financial and coordination among residents, but also against violations, negligence or damage to Jobs Or third parties will also have legal and sometimes criminal responsibility.

The legal basis of the duties of the building manager

According to the Law on Ownership of Apartments and its Executive Regulations, the building manager is the legal representative of the owners in joint affairs. He is obliged to defend the rights of the congregation, collect and spend common spending, and manage the public sector of the building. In the event of negligence or violation, it may be civil or even criminal for third -party owners or individuals.

A variety of legal responsibilities of the building manager

Civil liability: If the manager's negligence is inflicted on residents or third parties, such as the fall of the staircase ceiling will be due to the failure to handle the building's status. This responsibility is subject to the general rules of civil liability (Articles 1 and 2 of the Civil Liability Act).

Criminal Responsibility: In some cases, leaving legal duties or abusing building funds may be considered a crime. For example, personal perception of residents charging or forging cost documents will make the manager a criminal prosecution.

Contractable responsibility: In cases where the manager has concluded with the residents or the Board of Directors (eg, a contract or service contract), it will be contractual liability if the contract is violated.

Abuse of the property of the residents of the apartment

According to Article 5 of the Islamic Penal Code, whenever the property of immovable and immovable (such as promissory note, bills, etc.) as a lease, lending or mortgage for attorney or any other task (with or without pay) shall be assigned to someone, or if the objects are returned or used in a specified purpose, they may be used or used in a specific purpose. It becomes.

Common examples of responsibility

One of the common instances of the building manager's responsibility is the cases that are found in many legal cases and complaints of residents. One of the most important of these is the lack of insurance of the building against accidents such as fires that can cause irreparable damage in the event of an accident. Delay in essential repairs, especially in vital sectors such as installations, elevators or electrical systems, can lead to an accident and civil or criminal responsibility for the manager. Providing misrepresentation of financial reports is also one of the other important instances that deprive the residents' trust and tension. Disregarding the building's health and safety regulations, especially in the space, threatens public health and is considered to be a case of abandonment. Finally, disclosing private information or entering their privacy without authorization is not only a violation of ethics, but also a violation of serious legal and criminal consequences.

Prevention and Transparency of Responsibility

A few practical strategies are recommended to reduce conflicts between residents and prevent legal responsibilities for the building manager. In the first place, the election of a qualified manager and preferably familiar with legal issues can play an effective role in managing the right affairs. Also, adjusting precision minutes by determining the limits of the manager's powers prevents further disputes. Regular handling of the technical status of the building, especially in areas such as elevator, facilities and JobsIt will prevent sudden events and irreparable responsibilities. The preparation of a comprehensive building insurance is also a guarantee of unexpected damage. Finally, providing financial and operational reports regularly to residents will provide transparency, trust, and cohesion among the members of the building.

The building manager has a heavy responsibility for maintaining order, safety and rights of residents. Familiarity with legal duties, proper implementation, and avoidance of negligence will not only prevent divisions and legal responsibilities, but will also lead to public trust and proper managing of construction affairs. According to the law of the Apartment Ownership Act, all the legal responsibility of the building manager is a serious responsibility, and if the accident and as a result of the accident, the owners can arrange a complaint against the building manager and request compensation.