galway_blow_in
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Usually there are three parties to a lease. The developer, the management company and the purchaser.
If the management company is listed as a party then the property can't be sold if the management company has been struck off.
You can get it restored within 6 years. Your solicitor will advise.
Actually, the MC being struck off is a significant impediment but if some purchaser is willing to go ahead, it can be done. But it is madness, in my opinion.
This is a cash buyer situation only - no bank would touch it.
And if no bank would touch it, you have to ask yourself why?
Technically, it can be bought and a purchaser could stumble along aimlessly for ever 'simply cleaning windows , collecting rubbish yourself , insuring the property'
And it can be rented out - when was the last time a tenant asked to see a Block Policy?
But you'll never sell to anyone other than a cash purchaser.
There is no compliance with the Multi Unit Development Act and there have to be concerns about insurance - the Management Company owns the bricks and mortar, the four apartment owners only own the air space - can they insure?
The advice to a client in this situation is walk away - it is a mess that nobody has yet fixed and it won't get fixed until someone takes on the thankless task of addressing it.
mf
as someone who owned and lived in a development where the management co was almost non-existent, and at one point were "listed for strike off" (thankfully it didnt happen), my advice is to stay well, well away from it!
The MC is in place to pay a property management company to manage the development. If there is no MC in place, this wont happen unless you are lucky enough to get neighbours to group together to collect money and manage the development themselves. In most cases, the MC/Property management company will collect the management fees and pay for the developments essentials. These will include insurance for the common area, bin collections, upkeep for the common area, street lighting, road maintenance, ect, etc. If all these things start falling away, how happy will your tenants be?
What happens if the roof blows off the building next winter? Who will be responsible for getting this repaired? If your neigbour sets fire to the whole building and there is no insurance in place, what happens then?
This will be a leasehold purchase. The MC owns the building, you are basically leasing it from them. Are you happy leasing it from a company that doesn't exist?
In my case, we managed to claw back the MC before it got struck off. By then, they had stopped collecting the bins, the streetlights had gone off as they weren't paying the bills, the landscapers had stopped cutting the grass and they were threatening to stop paying the public liability insurance. We got the MC reasonably stable and then I sold my apartment. I'll never buy another one regardless how stable the MC is.
And if your solicitor is worth his/her fee, he/she wont let you buy this either.
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