KlausFlouride
Registered User
- Messages
- 54
Possibly not, but they have persistently refused to maintain common areas, which is one of their responsibilities. There seems to be no avenues for redress.
You own the management company. Get some of the other members together and vote out the board at the next AGM and appoint yourselves and get it done.
That seems to be the only means of redress, but it's useless in practice. In my scenario, the MC covers c. three hundred units, a mix of houses and apartments. The house owners (who outnumber the apartment owners 2:1) are not going to chip in extra to sort out issues in the common areas in the apartments. It would need a third party to get the work done, not a negligent & disinterested MC.
That seems to be the only means of redress, but it's useless in practice.
no omc can invoice member for service charge to perform work or service that are the responsibility of the lessor until the common areas are transferred to the OMC . it is a breach of covenant of OMC to lessees and S18 MUD Act.
but in most case member /homeowner are just ignoring - rather than setting s charge for legal cost to compel developer transfer the areas to the OMC with the lease and then we can take on the work and control the lease . But aint happening at moment.
I suspect may be part of problem with common areas of the apartment building and if so and if u do oust directors and get on board - set s charge for insurance and legal cost to get the land and lease transferred to the OMC. MUD Act S17 18 and 19 is guideline on setting s charges and meeting required to do so .
PS We in this estate has all that the right of any OMC to sue for S Charge when the developer /lessor under lease entitle to cllect and chare the s charge - we had it all and used the OMC to sue for s charge prior to transfer - all struck out
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