Is this the only outstanding element of work? Do you have the developer's response in writing?
As onq suggests, the council should have a bond available to complete the road.
If the council won't use the bond to finish the road, one way forward would be to contact the Ombudsman.
If the development is at a stage where a Co.Co. is taking it over, then it probably hasn't been well looked after up to now.
It is only the common areas which are being taken in charge and the houses only contribute to the common areas. I agree its possible that the managements company's definition of the common areas and the councils may differ, but as "the common areas" is not defined in any legal documentation, I'm free to use the councils definition and as such will not have to contribute to any service charges once the council take over.
I mentioned management\developer because the developer still owns 20 apartments and have a major vote in everything. They recently blocked some traffic management proposals. They also have directors who are getting paid approx €90K, so the management fee is as much about lining their pockets than it is about taking care of the estate (for which there is actually very little work done).
The sinking fund to date has been used to cover the short fall of residents who refuse to pay the service charge. There is over €50K left in the sinking fund, but I would imagine getting the rest back off the residents who haven't paid is fairly easy.
Liaiasing with the manangement company, particularly over reducing our fees or in this case giving us a large refund, is pretty much like talking to a brick wall. Hence why I am on here trying to find out what normally happens.
So if the fund is never refunded, then what happens to it? Where does it go? My case may be a little more complicated, so to simplify things a bit does anyone know what happens for a normal estate which gets fully taken in charge?
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