Liability Associations: Advice & Information

Questioner

In our model railway association members bring their own trains to run on the club's tracks. This can be worth more than €1000,- per train. The courts are owned by the association and are located in the clubhouse it owns. If a member leaves his equipment in the clubhouse for several days in order to ride it during opening hours, what is the liability of the association in the event of theft or damage due to fire, for example? Can the board members be held liable in that case? How should you arrange this as an association?

Lawyer

Good agreements must be made with members who leave their trains in the building. These may include that the association is not liable for property left behind by third parties, but they may also include that the association provides adequate insurance for these circumstances. If the association has its articles of association notarized and is registered with the Chamber of Commerce, the board is not liable provided it fulfills its tasks properly. Incidentally, there is a good chance that the municipality in which the association operates has liability insurance for volunteers.