What is the chair legally liable for? Real fears and imaginary ones

"I'm not becoming chair, you end up liable for everything." Let us dismantle the myth — and point out the small part that is true.

The reassuring general rule

The chair is a representative, not a universal guarantor: the party liable for the community's obligations is the COMMUNITY (with its own assets and those of the owners in proportion to their share). Debts, incidents, ordinary lawsuits: the community.

Where personal liability can arise

• Gross negligence in office: you knew of a serious risk (the piece of facade about to fall, the lift overdue for inspection) and did NOTHING reasonable. Documented inaction in the face of risks to people is the ugly scenario — and in extreme cases a criminal one.
• Acting without authorisation where you needed it (significant contracts invented without a resolution) or against the resolutions.
• Dishonest handling of the money (obvious, and extremely rare).

What they cannot claim from you

Reasonable decisions that turned out badly (the supplier chosen from three quotes who proved mediocre), unforeseeable breakdowns, or generic discontent ("we were better off with the last one"). Getting it wrong while managing in good faith with normal diligence does not create personal liability.

The three safeguards of a relaxed chair

1. Documented diligence: for every known risk, some recorded reasonable action (a notice, a quote requested, a meeting called). It does not require solving everything at once: it requires not ignoring it.
2. Resolutions for the big things: anything significant goes through a meeting and the minutes. The umbrella of a collective resolution is almost waterproof.
3. Insurance: the community's liability cover extends to the acts of its officers; some policies add legal defence for the chair. Check that it is there.

The moral

The role, well run (with records, resolutions and common sense), carries less legal risk than driving to work. The folklore about "you're liable down to your own house" is exactly that: folklore — and it is cured, incidentally, by presenting this analysis at the handover meeting.