Marian2017
Registered User
- Messages
- 14
As a matter of interest how much is the fee?I recently bought an apartment and have discovered that the OMC has been dividing the annual service fee equally between all apartments since the block was built 5 years ago. However, the lease states that it is to be divided according to the square footage of each apartment. A majority of the owners own the larger three bedroom apartments so the current arrangement suits them fine. The directors of the OMC also act as the managing agent and they all own the larger apartments too. The three beds are twice the square footage of the one beds so the difference in annual fee would be substantial if calculated correctly. Obviously I own a one bed.
I've brought it to the attention of the directors who plan to continue with the same arrangement. They believe a majority vote of the owners would be enough to change the terms of the lease and allow them to change how the fee is calculated, but I don't believe that's the case?
OP said the one-bedroom units were in the minority,They cannot retrospectively change the terms of the lease, whatever about altering the terms of the lease for the future.
How many owners/landlords own the bigger apartments vs the number owning smaller apartments?
If there are enough of you with the smaller apartments, I suggest the following course of action:
- Call an EGM asking that service charges be levied according to the existing lease terms and refunds for over-charging to be paid immediately
- If that doesn't produce the results you want, consult a solicitor and sue the OMC directors individually and collectively for the over-charges and to force them to align charges with the lease terms for the future.
Best of luck. I hate to see people being bullied.
The directors of the OMC also act as the managing agent and they all own the larger apartments too.
Thanks for your thoughts on this. There is no managing agent at present. Two owners from the OMC volunteered to act as directors and as the managing agent also. I'm wondering if the owners did manage to push to have a professional agency manage the block instead, would the agency be obliged to apportion the fees as per the lease or could they also continue to do it incorrectly if instructed to do so by the two directors?
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