Can member leave OMC?

C

Clonback

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A friend owns an apartment which has its own entrance in a period property.He is at the rear and does not use main entrance.In many ways it is separate but is connected to common drains and could get separate electricity.Another OMC owns the grounds.
 
Your friend will have right of way over the land owned by the other OMC. I could see a case where he could leave the present OMC but there would be a lot of difficulties relating to legal, insurance and maintenance concerns. If it an actual part of the property ( as distinct from a mews or cottage adjoining ) I could not see the present OMC agreeing to a separation
 
No is the simple answer. Your friend signed a lease when they bought their property which commits them to certain covenants, including becoming and remaining a member of the management company. They are the only ones who can insure the property - its called a Block Policy. And he has obligations to contribute towards maintenance of the common areas. -

mf
 
Vanessa
Yes it is part of the property both ground and upper floors.

Mf1
There are an equal no of directors for an against this proposal.Any further views much appreciated.
 
One of the duties of a Director is to safeguard the assets, methinks in the absence of a planned contribution by the apartment owner that it would be extremely foolish of the existing Directors to allow it.

I would insist that the apartment-owner leave both OMCs ie the OMC for the common grounds then too.

Sounds to me like someone wants their pie and to eat it; benefits without responsibilities.
 
Setanta

Leaving the OMC that owns the external grounds would not be a good idea as he needs access to the property.
 
So, if I were a Director I would block him leaving. What price is the present value of future access in perpetuity to the drainage system worth to the OMC - if this number was established, and was forthcoming from the apartment owner ... then ... maybe maybe.
 
Thanks Setanta for your views.If he obtains approval to leave what other drawbacks are there from the OMC point of view.e.g.paint his part different colour,fail to maintain property.
This guy is not paying his management fees and with board split what can be done?
 
He is obliged to pay his management fee. If the OMC are doing the job properly this mattered should be dealt with by legal action.
 
The OMC has instituted legal proceedings for the recover of management fees which is not the real problem.
The issue is the board is split on him leaving the co.
 
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