Management company+access to other estates

[gazzer]

Im hoping somebody might be able to help me with a problem I have with my management company.

I bought my 3 bedroom house 6 years ago in a new mixed private development(houses and apartments). At the time of signing for the house I was informed I had to sign an agreement to enter into a management compnay or else the sale wouldnt go true. In addition 2 years fees had to paid upfront.

I admit I was pretty niaive about managment companys but the plans for the estate and images we were shown of how the estate would look were really really nice so I signed up.

I was one of the first to buy in the estate and as I wanted the house I paid the fees up front. It took a further year for the rest of the estate to be built.

There was a neighbouring council estate beside where I bought but there was no access to it(blocked by 10 foot high railings). After a couple of years the council sent a letter around to say that the railings were coming down and an access point was been created so that people from the neighbouring estate could walk through our estate.

Since that has happened myself and other residents have had terrible trouble with anti social behaviour and criminal damage. A lot of trees, plants that were planted by landscapers employed by the management company were pulled up by kids, graffiti started appearing everywhere and various other things started happening.

Anyway a number of us got onto the management company on numerous occasions but they never did anything to replace trees, plants, remove graffitti etc.

Anyway after a further 2 years of living with almost daily ASB a number of us decided to stop paying our fees. I know its probably not the best decision but we felt we couldnt continue paying the fees when we were subjected to countless acts of criminal damage due to the access point been open and getting no help from the management company to clear up any damage. In fact over a 2 month period I rang them 12 times and they never rang back.

My question is.. When i entered into the management company structure it was with the understanding that no access point was going to be created(we were never told this was been planned) so is my contract with the management company still valid if the access point was created.

I got a threatening letter from the management agents to pay outstanding fees. I think I will go to a solicitor about it but just wondering what other people here though.

Thanks

 

[markpb]

To be honest, your service agreement with the MC says that you will pay your fees and they will endeavour to provide some services. I think the only services they _must_ provide is block insurance and electricity to common areas. It depends on your lease agreement - if you don't have one, the solicitor who closed the sale should have yours.

You could try are asking the MC and council why the access had to be provided - it might have been in the planning permission. Alternatively, if it's not a gated community anymore, you and the other owners should start petitioning the council to take the estate in charge and disband the MC. If this happens you'll still have to pay all you owe in arrears - there's no way out of that and given that they're probably already charging you interest at about 18% and could already have referred you to a debt collection agency, you're probably better off paying up now before it gets too expensive.

 

[Bubbly Scot]

My question is.. When i entered into the management company structure it was with the understanding that no access point was going to be created(we were never told this was been planned) so is my contract with the management company still valid if the access point was created.

As an owner of a property in the complex you are a member of the manangement company.

I got a threatening letter from the management agents to pay outstanding fees. I think I will go to a solicitor about it but just wondering what other people here though.

Thanks

It's never a good idea to stop paying fees, however just you feel you may be. Your complex is still being insured, lighting getting paid and landscaping etc. done.

You seem to have a fairly good grasp now of management companies and agents. Who are your Directors? if it's still the developers I'd suggest you form a committee to try and get action. If the Directors are owners, get yourself along to the next AGM and put yourself forward as a Director. This will give you more "clout" to approach those you need to and get things done.

Call the agent, they are getting paid to take care of your interests and if they're not returning your calls, one of the first things you should be doing is looking into replacing them and/or kicking their backsides into gear (you may not be able to replace them but you can certainly do the latter).


(Management Agent)

 

[contractor]

There was a neighbouring council estate beside where I bought but there was no access to it(blocked by 10 foot high railings). After a couple of years the council sent a letter around to say that the railings were coming down and an access point was been created so that people from the neighbouring estate could walk through our estate.

The key point is in this paragraph. The council have washed their hands of all duty to your estate, ESB, maintenance etc etc on basis that it is private property owned by the management company (i.e you and your neighbours). What I imagine they have done is taken down the fence which they own, probably even on the councils side of the boundry.To me the solution is very simple, use your sinking fund to build a new fence which is clearly within the boundries of your estate, your private estate which the council has washed their hands of. You wouldn't even need their permission to do so, unless of course they claim to own the road and footpaths in which case you should not be paying a management fee and you may have a case for claiming back your fees from the council (pure specualtion on this point, I'm not an expert in law).

 

[Crescenter]

+1 with contractor - put that wall back up, sounds like you are better off with it

 

[Complainer]

To me the solution is very simple, use your sinking fund to build a new fence which is clearly within the boundries of your estate, your private estate which the council has washed their hands of. You wouldn't even need their permission to do so, unless of course they claim to own the road and footpaths in which case you should not be paying a management fee and you may have a case for claiming back your fees from the council (pure specualtion on this point, I'm not an expert in law).

You may well need planning permission, regardless of who owns the land.