Lease covenant

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brid57

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Can the Lease covenant of an owners management company be changed. the apportionment of the service fees is set per unit and we now want to change it to the size of a unit. One company has 2 units with one folio number and is only paying fees as one unit but twice the size of every other unit.

thanks
 
brid57 said:
Can the Lease covenant of an owners management company be changed. the apportionment of the service fees is set per unit and we now want to change it to the size of a unit. One company has 2 units with one folio number and is only paying fees as one unit but twice the size of every other unit.

thanks
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Its very difficult to change a lease convent, it can be done by either
-100% agreement of all members of the OMC (thats extremely difficult to achieve)
-direction of a circuit court Judge

If a company or person owns 2 units but is only paying fee's on 1 unit, have you had a solicitor check the lease? most leases would be very clear on what defines a unit
 
Thank you very much for coming back to me. No I doubt very much whether the owner of the double unit would agree to the change on the service charge so either go legal route or let it go. The 2 units are registered with land direct under one folio number but as 2 commercial units so maybe if we check that out a bit more it might help us. I cant see anything in the lease defining a unit but maybe we should talk to solicitor.
Thanks for your help
 
I take it that the development is mixed residential & commercial? was it setup pre or post the MUD Act 2011?

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Yes, 5 commercial and rest residential. I have only just bought an apartment in the complex so only getting to see all the issues. it would have been set up before the MUD act.
 
brid57 said:
Can the Lease covenant of an owners management company be changed. the apportionment of the service fees is set per unit and we now want to change it to the size of a unit. One company has 2 units with one folio number and is only paying fees as one unit but twice the size of every other unit.

thanks
Click to expand...
Is it one or two leases for those properties?
 
As far as i know just one lease but solicitor would only give me a portion of full doc as he said the other parts were confidential
 
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