S
sydney73
Guest
Hi,
Hoping that somebody might be able to provide some advice.
Background
I live in an estate that comprises both apartment blocks and townhouses. The apartment blocks are leasehold, while the townhouses are freehold.
The freehold townhouses do have a Lease of Easement on the common areas, but the land and the premises are freehold.
The Indenture agreement clearly states that the management company only own the apartment blocks and the common areas, but not the houses or their lands.
Issue
I recently got my service charge invoice which includes a painting levy of €185 for the painting of the metal work in the development. This same level has been applied to both the apartments and the houses equally.
The problem is, some of this painting work is in relation to the painting of the balconies of the apartments and the metal railings leading up the steps to the apartment entrance doors.
While I have no issue in relation to paying a my share of the levy in relation to the maintainance of the common and public areas (such as metal parking bollards, railings around the common gardens etc), I do not feel that I should have to contribute towards the painting and maintance of the apartment blocks
I have raised this to the Managing Agent and also to the Board of Directors, but they will not change their position.
They claim that as the metal work is externally visable, that the painting of this will enhance the area and add value to my house and therefore I should have to pay. But no work is being carried out on my house, in fact I have to pay for all maintainance and renovation work on my house (the management company do not legally have to maintain any item in relation to my property !)
They are also claiming that the balconies and steps leading to the apartments are common areas, yet I do not have use of these areas.
The Indenture agreement states that there are two budgets within the management company. Budget A is paid into solely my the apartments (for work on the apartments), while Budget B is paid into by both houses and apartments for mainitainance of common areas and services.
I feel that this allows for the management company to base the painting levy on a pro-rata basis. This would lead to a substantially higher payment by the apartments over the houses, as most of the work is to do with the painting and maintainance of these apartments blocks.
But when I raised this with the Board of Directors they would not move on this. I have even suggested that they contact all owners to ask their opinion of how to address this (this is due to the fact that we usually get approx 5% of owners attending the Management Company AGMs).
I have even gotten myself voted onto the Board of Directors in the hope that I can try and get things changed (much to the disdain of the other Directors, who do not want to deal with me)
Questions:
As I am a freehold of my own premises and only have a Lease of Easement, should I be liable to pay for the maintainance of the apartment blocks ?
Even if there is a clause in overall lease, is this actually against the spirit of the law, as I have never tried to obtain any ownership of any part (or premises of the apartment blocks ?) and I do not feel that I should be responsible for their maintainance ?
Can the management company deem these areas to be common areas although their are specifically there for specific apartment etc. They deem a common area as any areas which can be used by at least units (either house or apartments). I believe that the balconies should be exempt as they are for sole use of each apartment, and although two apartments share a single staircase, I believe that these still cannot be intended as common areas as they are again intended for the apartment owners to access their apartments only, and would never be travelled on by anybody other for the purpose of entering an apartment.
How can address this if the management company are not willing to move on this ? (other than forking out €000s in legal fees)
Hope somebody can provide some information on this - Thanks
Hoping that somebody might be able to provide some advice.
Background
I live in an estate that comprises both apartment blocks and townhouses. The apartment blocks are leasehold, while the townhouses are freehold.
The freehold townhouses do have a Lease of Easement on the common areas, but the land and the premises are freehold.
The Indenture agreement clearly states that the management company only own the apartment blocks and the common areas, but not the houses or their lands.
Issue
I recently got my service charge invoice which includes a painting levy of €185 for the painting of the metal work in the development. This same level has been applied to both the apartments and the houses equally.
The problem is, some of this painting work is in relation to the painting of the balconies of the apartments and the metal railings leading up the steps to the apartment entrance doors.
While I have no issue in relation to paying a my share of the levy in relation to the maintainance of the common and public areas (such as metal parking bollards, railings around the common gardens etc), I do not feel that I should have to contribute towards the painting and maintance of the apartment blocks
I have raised this to the Managing Agent and also to the Board of Directors, but they will not change their position.
They claim that as the metal work is externally visable, that the painting of this will enhance the area and add value to my house and therefore I should have to pay. But no work is being carried out on my house, in fact I have to pay for all maintainance and renovation work on my house (the management company do not legally have to maintain any item in relation to my property !)
They are also claiming that the balconies and steps leading to the apartments are common areas, yet I do not have use of these areas.
The Indenture agreement states that there are two budgets within the management company. Budget A is paid into solely my the apartments (for work on the apartments), while Budget B is paid into by both houses and apartments for mainitainance of common areas and services.
I feel that this allows for the management company to base the painting levy on a pro-rata basis. This would lead to a substantially higher payment by the apartments over the houses, as most of the work is to do with the painting and maintainance of these apartments blocks.
But when I raised this with the Board of Directors they would not move on this. I have even suggested that they contact all owners to ask their opinion of how to address this (this is due to the fact that we usually get approx 5% of owners attending the Management Company AGMs).
I have even gotten myself voted onto the Board of Directors in the hope that I can try and get things changed (much to the disdain of the other Directors, who do not want to deal with me)
Questions:
As I am a freehold of my own premises and only have a Lease of Easement, should I be liable to pay for the maintainance of the apartment blocks ?
Even if there is a clause in overall lease, is this actually against the spirit of the law, as I have never tried to obtain any ownership of any part (or premises of the apartment blocks ?) and I do not feel that I should be responsible for their maintainance ?
Can the management company deem these areas to be common areas although their are specifically there for specific apartment etc. They deem a common area as any areas which can be used by at least units (either house or apartments). I believe that the balconies should be exempt as they are for sole use of each apartment, and although two apartments share a single staircase, I believe that these still cannot be intended as common areas as they are again intended for the apartment owners to access their apartments only, and would never be travelled on by anybody other for the purpose of entering an apartment.
How can address this if the management company are not willing to move on this ? (other than forking out €000s in legal fees)
Hope somebody can provide some information on this - Thanks