On 19th September 2013, we received 1 question from Mr. Loh Kai Kwong:
I have an interesting question… and this is good for public knowledge, esp for those who stay at condominiums..
- As the parking lots of condominium are “purchased”, either together with the unit, or you can purchase additional if you like.
- The owners/residents are paying monthly service fees to JMB/Building management for all the services and utilities provided, inclusive of securities in the premises.Question is… Can the JMB/Building management put up a signage – “park at your own risk” at the car park to avoid their responsibilities?
- Put up when the condominium completed before hand over the keys; and …
- Many years after the keys were hand-over … Wish to view the opinion of AskCA@Thursday… Cheers and thanks
To ascertain whether the JMB/MC/security provider is liable, you will have to ascertain the scope of security work provided by the JMB/MC/security provider through the Deed of Mutual Convenant. There are 2 circumstances where the JMB/MC/security provider may be liable:-
- that the security is employed to prevent any break-ins or trespass; and
- security’s negligence caused the losses. (ie. the security agreement provides that 2 guards be on duty at any time, one at the entrance while the other patrol around the premise, and on the night of the break-in only 1 guard was on duty.)
In either of the above circumstances, JMB/MC/security provider may not escape from the liabilities and/or responsibilities notwithstanding the “Park at your own risk” sign being displayed at the premise.