Communal Area not in charge to Mgt Co. - Unable to Sell

P

porsche

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Looking for some sound advice.
We are at the point of signing contracts on the sale of our Apt. In Dublin. We are looking to sell on as tired of managing the property from Wexford.
The MUD ACT Queries were all answered and there were no obvious issues.
Last Friday the purchaser's solicitor asked the following:
"Why were the communal (common)areas not transferred to the MGT Co." seeing that the develoment was completed in 2007?
Should this have done by NOW?
Seemingly there is a leak issue in another block and the mgt co. are not willing to take it in charge until this has been sorted as there are legal proceedings.
This doesn't help us trying to sell because as of this evening, we have been told by the auctioneer that it was likely that the sale would not go through!
We have been trying to sell since last April!
Where do we stand on this?
There is an AGM of the development next Tuesday.
Is it just bad luck or do we have any recourse?
Any thoughts or advice would be appreciated.
 
I think you need to attend the AGM and argue your case.

The transfer of the common areas to the OMC does not absolve the developer from the obligation to complete the development in accordance with planning and building regulations. Beyond that the developer has no obligation and ongoing repairs are a matter for the OMC.
 
Thanks Sarenco,
I am attending the AGM.
Is there legal timeframe that common areas have to be taken in charge by the management co.?
 
Yup. In your case, the common areas should have been transferred to the OMC back in Saptember 2011 (at the latest).

Here's a pretty good guide to the MUD Act -
 
Thanks Sarenco. That is very useful. I think I will bring my solicitor to the meeting with me on Tuesday.
 
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