I am an owner of a property where a management company is involved. It is absolutely impossible to handle the Dr's and an accountant without integrity. The members are by and large disillusioned and now will take no interest. A few of us are now not paying the fees and hope to be taken to court in the next year or so. The Dr's have no hope of justifying 90% of the fee. That is the truth. Receipts showing the expenses over a seven year period have been refused. The other option under consideration is trying to get the revenue to do an audit because the headings under which they are manufacturing the management fee is absolutely bogus. I am quite familiar with the mud act while no one else seems to have any interest. When you engage with them quoting the mud act Dr's just walk out after being abusive. No body wants to get involved other than myself but it would be absolutely impossible ton work with current directors. So like mercman I want them to sue.
I can totally sympathise with your situation. We were in the same situation. It feels like you have no power because like you say they just walk away. It takes time and determination to change the people in charge and the culture for the better. People not liking the current situation is one thing but while we have all been brought up to copmplain the ability to generate solutions seems less forthcoming. The fact that your fellow residents dont want to engage is symptomatic of this but they need to change their behaviour if they want a better estate to live in and potentially a better annual service fee.
It is bewildering that more people dont educate themselves as to the situation they are in and the relevant laws and regulations and how it affects them personally. For most apartment owners this would seem to be an essential requirement and yet many are totally uninterested.
Sueing could be a very difficult situation as you are member of the company and so in part you are suing yourself. There is the option of suing the directors personally but you really need good proof and a solid case to do this. The law tends to take the side of directors unless negligence can be proven. Its also incredibly expensive.
The solution.....Organise the residents and try to engage with them and get them on board. Form a small commitee and with this nucleus work to get the support of the community. (how many units are there?)
Put together clear goals on what you want and how you will get them. Formally write to the directors registered post highlighting your concerns and all the 'proof and vidence you have.' copy in the chartered accountants discipline board and the ODCE and make a complaint to them seperatley.
Have you had an AGM or a budget proposal? If yes then why did you approve it. If no then any request for payment is illegal and you need to make this clear in your letter and to all the other residents.
For the big budget sums have you sought competative prices off your own back to use a leverage? If an agent is being used then fee's of 9 to 15 thousand are not unusual. This is the fee just for the agent to do the work, not including all the other essentials that need addressing.
Getting you and a few others to become directors can work well as any good will and support you build up on your journey is positive collateral in moving forward and the ongoing support of the residents. People are more likely to trust one of their own who has fought for them. But it takes time and wont happen overnight. It has taken us 3 years to get where we are now with a B10 form with my name on it just recently posted on cro. It will take another 3 years to turn around the estate and get it where it should be.
I would not advise non payment. Courts wont generally question the validity of the payment only how you can pay. Take legal advice on this before you suffer a judgement against you and possible a damaged credit rating.
But by all means fight against an unjust payment. Again, let us know if the correct procedure has been followed in terms of budget approval.