What To Do When Developer Won't Vest the Management Company?

Butter

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I'm wondering if anyone can advise me on this problem? I live in a private estate of 150 houses. The developer as part of his planning permission grant had to set up a management company to look after the maintainence of the green areas of the estate. We have no apartments here, so it literally is only to manage the green spaces.
However the developer has not vested the management company (two years after leaving the estate). I have looked up the accounts on the CRO web-site and it seems that the management company is not actually trading as a company yet. Returns have been filed and the money which residents paid to the managemnet company is sitting in the account untouched. The developer is not maintaining the estate to a standard that residents are happy with. Grass is being cut but no maintainence of shrub beds, weeding etc is taking place.
Is there any way we can force the developer to hand over the management company to residents? Or can we compel them to spend an adequate amount on the upkeep of the estate (after all the money is there to do it)? The developer in question is extremely non-cooperative by the way and will not do this easily. In fact the developer no longer even responds to residents concerns. I have my suspicions that they do not want to hand over the management company to residents as we will then take control of the green areas within the estate and would make it difficult for the developer to come back and try to build new houses. Only a suspicion but there must be some reason why they will not hand over the managemnet company.
Sorry for the long post - but I would love some advise on what we can do next....
 
Have you spoken to your solicitor? The should be able to advise you on what you can do. They or your lender should have a copy of your managing agreement. If there is one?

There is strength in numbers, so I would get together with other residents and plan your next course of action.
 
Yes, I've spoken to a solicitor who has said said that there is nothing that can be done to compel the developer to hand over the management company. Seems that we are in limbo really, can't get the developer to hand it over but neither can we persuade them to actually maintain the estate to an acceptable standard.
 
Can you get your local TD involved? Ours has been very active on our behalf over a number of issues. I really don't know what else to suggest. He's obviously holding onto it for some reason.
 
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