Developer handover

H

hearthway

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Can anyone tell me if there is a timescale from the time an estate is finished that the developer must hand over to the council...as we are in our house 18mts and as yet have no street lighting and the road surface has not been finished Ken
 
If you don't have street lighting or a finished road surface then the estate is not finished and the council would not even think of taking it over.
 
Council have to take over estate within 6 years.

Make sure not to become directors until builders have completed all their duties, check with your local td or councillor to give you advice, worked for me. .
 
Ok first of all i would forget about the council taking over an estate, we have the same problem and the council don't want to here about it. After all the loophole in the law was introduced to take away estate management from the council to management companies.

Let me tell you after 3 years of trying and endless meetings with the council we have came to a decision to sack the managment company and issue legal proceedings against the council for planning problems, estate been finished among a lot of other thing. We are going to hold and EGM to do this.

Legally this is a mine field and good old fianna fail promissed they would do something about this years ago, its currently buried in civil service bearaucy and might get sorted in about 20 years from now.

So all in all the only solution is to get a group together and push your managment company to get it sorted, other wise hold an EGM and vote to sack the management, then take control and try and force the council or developer to finish the estate.

Fred.
 
fred123456 said:
Ok first of all i would forget about the council taking over an estate, we have the same problem and the council don't want to here about it. After all the loophole in the law was introduced to take away estate management from the council to management companies.

Let me tell you after 3 years of trying and endless meetings with the council we have came to a decision to sack the managment company and issue legal proceedings against the council for planning problems, estate been finished among a lot of other thing. We are going to hold and EGM to do this.

Legally this is a mine field and good old fianna fail promissed they would do something about this years ago, its currently buried in civil service bearaucy and might get sorted in about 20 years from now.

So all in all the only solution is to get a group together and push your managment company to get it sorted, other wise hold an EGM and vote to sack the management, then take control and try and force the council or developer to finish the estate.

Fred.
Click to expand...

Did you sack the management agent and/or dissolve the management company?

If you sack the agent - What are your plans for the interim period before the estate is taken over? In particular grass cutting and collection of fees for such? How will you manage debtors? I would be reluctant to take on this responsibility.

Who is going to pay for the legal action?

What if the estate isn't taken over - e.g. developer cannot afford the remedial works required. See [broken link removed]
If the management company is struck off - it will cost a lot to set it up again.

Are you in a mixed estate - e.g. are there a few apartments or duplexes in your estate? Have you arranged buildings insurance and bin collection for these?

Just playing devils advocate - I would retain the mangement company and consider looking for another agent depending on the size of your estate - if it its small you may be able to manage it yourselves - some older apartment blocks do this already. With a company I understand you still have to file accounts - w/n a certain time frame otherwise the company will be struck off. If there are 100+ units and people are reluctant to pay then an agent may be required.

Also is your estate finished - e.g. are there any more phases to be built?
If there are we've been told the council won't consider taking in charge the estate - however, I feel the developer shouldn't be allowed to build additional phases until each phase is handed over to the council. There's supposed to be waiting lists also but sure who knows - the council are not transparent - even though they are a public body.

If you are not getting anywhere - why not take the cheaper option and lodge a case with the Ombudsman.
 
good reply,


Did you sack the management agent and/or dissolve the management company?
We are in the process of disolving management company, we have 3 directors and are in the process of holding an EGM to elect these members



If you sack the agent - What are your plans for the interim period before the estate is taken over? In particular grass cutting and collection of fees for such? How will you manage debtors? I would be reluctant to take on this responsibility.

In the interim we have setup sub commitees who take care of certain areas, this has worked for over two years, this is kind of done underground and hidden away from the management company.

Who is going to pay for the legal action?

We as residents will pay a certain amount to an extent, it's a large estate, our solicitor is working on (no win no fee basis). He has been involved in disolving these sort of contract before. Let me tell you its not for the faint hearted, but what else can we do.

What if the estate isn't taken over - e.g. developer cannot afford the remedial works required. See [broken link removed]
If the management company is struck off - it will cost a lot to set it up again.

We as residents are going to be the new owners of the management company, it also turns out that we have a management agent whose office is based in the estate. We firstly are going to issue legal proceedings against council for not adhering to planning etc, we have legal proof of this. Flooding etc has occured.

Are you in a mixed estate - e.g. are there a few apartments or duplexes in your estate? Have you arranged buildings insurance and bin collection for these?

Our estate is mixed however apartments are handled by a seperate management company. We where paying excess 300 euros for nothing, management company would not cut grass or do anything. We have arranged estate insure etc.

Just playing devils advocate - I would retain the mangement company and consider looking for another agent depending on the size of your estate - if it its small you may be able to manage it yourselves - some older apartment blocks do this already. With a company I understand you still have to file accounts - w/n a certain time frame otherwise the company will be struck off. If there are 100+ units and people are reluctant to pay then an agent may be required.

Also is your estate finished - e.g. are there any more phases to be built?
If there are we've been told the council won't consider taking in charge the estate - however, I feel the developer shouldn't be allowed to build additional phases until each phase is handed over to the council. There's supposed to be waiting lists also but sure who knows - the council are not transparent - even though they are a public body.

If you are not getting anywhere - why not take the cheaper option and lodge a case with the Ombudsman.

Tried ombudsman, has been working on it over 5 years, unofficial reply was it could take up to 20 years to resolve this mess.

absolute terrible situation, but the government allowed this to happen and local council where delighted because it meant they had no responsibility for maintenance etc.
 
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