Committiee members liability

[Samiam89]

Hi all
I am a fairly new committee member for a unincorporated club.
I have some concerns regarding the tenancy for the room we permanently occupied and am trying to find out if I have any personal/ financial liability.
In brief the room has been occupied under a virble agreement for a great number of years, the agreement was we don't need to pay any rent and there were fruther virble agreements to make some alterations to the room however quite what was agreed I have no idea and I don't know if the club was told to put everything back as it was as and when the club leaves.*

I have only been a member for 2 years and these virble agreements were made about 30 years ago.
My concern is one day the landlord (a large trust) could ask for rent or eveict us with the view of putting everything back at our cost.
In truth I doubt the trust itself knows what the condition of the room was before the club started to occupie it but that doesn't stop me from worrying.*

TIA*

[des8]

For starters obtain all past minutes and records to review them.
Ascertain if club membership rules have anything to say about individual members (not just committee members) being personally responsible for any debts and contractual obligations incurred by the club.
However it is extremely rare for unincorporated club members to be sued, as proving who is actually liability is problematic. On the odd occasions it happens, action is usually taken against either the chairman or secretary.
This is because generally a member's liability is limited to the amount of the subscription because when he joins a club he does not intend to incur any liability beyond his subscriptions payable under the rules. However, if a member or officer is found liable for a debt his liability is usually unlimited.

[Samiam89]

Thank you Des for your response.*
Sadly I do not have access to older minutes however I do have all minutes since I have been on the treasurers role, however the minutes for which I have been part of the committee would allow me to demonstrate that I have not authorised any changes to the club room, also during my time no payment has been made for any kind of materials that changes could be made with.
The rules of the club only say that the committee is responsible for the management of the club, it says nothing about indevidual responsibility.*
My understanding is that generally it's the committee at the time of a agreement that bares responsibilitie for any agreements made rather then the present day committee but I am not sure if that is always the case.
A staff member responsible for tenancy agreements did make a appearance at the club a few years ago and agreed a tenancy would be drawn up (still with no rent to be paid) but nothing came of it, there was apparently various emails sent to chase him up but we have recently found out he no longer works for the Trust. I assume this would reflect well on us.
My concern is more regarding any cost of returning the room to as it was although I am not sure the trust would know with any certainty quite what changes the club made in its time.*

[des8]

As a committee member you should know what authority and what liabilities you have.
Members of a management* committee of an unincorporated club*are "jointly and severally responsible" for the affairs of the organisation, and so have individual liability. However it is doubtful that they are liable for their predecessors actions.

Has your organisation purchased Trustee and Committee Members liability Insurance?
Might be worth considering

[Samiam89]

I am in the process of sorting out trustees indemnity insurance as we speak. It is something that has been overlooked on the current insurance schedule.
As for responsibilities I must admit I was pretty clueless when I nominated myself to become the treasurer about quite what my liability was, I have since learned what I know from my own research.
I get the impression that a great deal of small sociaties like my own are often not governed too well.*
I do plan to make a case to become limited by gatentee in the next committee meeting however I don't know if the committee will approve this.*

[des8]

If you point out the pitfalls and personal liabilities that committee members incur their minds may become focused!

[Samiam89]

I plan too.
I do recognise that any risk to me for decisions made long ago (I would have been a baby as it happens) are not too likley to see me in too much bother.
It is also true that the virble contracts were made by the committee and senior employees of the Trust that owns the property, these employees are long gone so it would very much be a case of one word against another.*
When you add in the fact that the trust do not carry out any checks and take no responsibilities that would be expected of a landlord it is highly likely they would not wish to bring any legal proceedings on us due to landing in hot water themselves.*
I am however a worrier by nature.*

[des8]

Having risk perception is not the same as being a worrier!
You could make a good insurance broker!!