Liability of the Owners' Association


Questioner

Can an association of owners of a recreational park be held liable (with possible legal consequences) for the permanent occupation of a cottage by 1 member (or tenant of a member) where only recreation is permitted?

Lawyer

This can be tried, but the Association can then call the landlord into indemnity (as it were shifting the liability). In fact, it doesn't make much sense.

Lawyer

That depends on whether the association of owners has a say in the use of the cottages. However, it seems unlikely to me in advance that the association can be liable. I do not see on what grounds the municipality - because that is probably what it is about - can hold the association liable for the use of a cottage by one of the members. After all, the association has (in principle) no say in the use that a private person makes of his cottage.

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