How old is the apartment? Is the lift still under warranty?
Who are the directors of the company? I'm assuming its the developers.
Has the agent sought debt collection via the courts for the other residents?
Who is the agent?
Smith should have issued a debt collection notice to all owners and take them to court. They do it in other developments. I would email them and ask them why this hasn't occured. However if the developers own a large % of the apartments perhaps this is the issue.
I would ask Smith to find out if there is a warranty with the lift as it is only new.
I'd also do it via email and not over the phone to keep a record of the correspondence.
Are the developers the directors of the management company still? CRO.ie will give you this information.
Was an AGM held last year? Did anyone attend? Have you considered calling an EGM?
Are there further phases to be built?
Ok, I'll email them to ask the questions.
I believe the developers are still the directors of the Mgt company.
There was an AGM held in Feb 08. Not sure if anyone attended. No, I haven't considered it as I currently don't live in the apartment block and have only been notified about this today by my tenants.
Did Smith attend the AGM - can they provide a copy of the AGM minutes?
The problem also occurs that the apartment will be difficult to sell as no one will want to purchase an apartment in a scheme where the management company is in debt.
Are other owners not concerned?
Hi, I have paid my management fees on my apartment which I currently let out to a couple and their baby. Its a top floor apartment.
The problem is that recently, there has been issues with other owners not paying their management fees. The electronic door and the button on the lift are not working and therefore my tenant and her baby cannot buzz someone in at the main door nor can she use the lift if she wants to go out with her baby during the day.
I rang the management company and left a message. Got a call back from the Management Agency basically saying the Developers have no money in their account and some other residents have not paid their bills so they are only looking after the very basics which are Electricity and Gas and they will not be coming to fix any "non essential" items until the bill is paid.
Any ideas on what I should do?
Thanks
Ducky
Ducky,
The developers are more than likely still the Directors of the Management Company in your case. As uch they are responsible for the imposition and collection of all annual service charges in your complex. This is their problem which they need to fix.
Ask them how long have these charges remain unpaid? What have they done about it? Have they had any meetings in this regard? If they have you should ask can see the minutes of any such meetings (you're entitled to under Company Law)? If they haven't then maybe it's a sign of dereliction of duty and you should push them on this.
I would be very surprised if they have done anything at all bar maybe send a letter to the people who haven't paid up. However, it is their responsibility as Director's of the Management Co to act in the best interests of the company at all times, by not collecting the Service Charges they are not acting in this way.
Developers seem to often forget this but in return for the money you handed over to the developer (in buying your apartment) you don't just get your apartment but you also get certain covenants (promises) and guarantees, the developer has a list of other duties and obligations to perform under the terms of the lease including that he/she must maintain the common areas and utilities of your development in good condition and must administer all legal and financial aspects of the Management Company.
Until such a time as the developer transfers his interests and responsibilities to the Management Co the developer is responsible for the management and maintenance of the development. This means that the original directors are responsible for all matters relating to the compliance of the company with company law regulations. As someone already stated he website www.cro.ie will tell you who the last registered directors were, the same website will also give you the Memorandum and Articles of Association (that is the "rules" of the Management Co.). These directors are fully responsible for the legal, accounting and administration of the development.
The Directors are listed at the bottom of the last letter I received so I have their names.
I asked what the management company have done about the unpaid fees. They said that the director was a very difficult man and that he won't even return their calls or acknowledge any correspondence.
How do I get in contact with the Directors to ask any questions?
My experience with SPM is that you have to keep pushing them for action. Part of any MA's service is the collection of management fees and if necessary use debt collection services to do so. They should not need any permission from the director to pursue this.
I think Most of the People did not pay because they increased the charges 50% .well i paid mine. every one knows that that the Owner is the one of the Director of the SPM ..
another developemnt made by them are also in the same situation ..
They allready in the court with this matter .. So we are not alone ..
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