Management fees

Kell

Hi all,

thought this place would be as good as any to post my queries and perhaps some of you more knowledgeable bods might be able to help me.

I live in a small housing estate in Wexford and from year one (2yrs ago) we have been asked to pay a management fee. I of course paid it in year one, to which I got a receipt to say thanks and nothing more. At the time I queried with the mgmt co. if an application had been made to the wexford local authority to have the estate taken in charge and was told yes, an application had been made.

Roll on a year when I was again asked to cough up a management fee double the amount of the previous year. I contacted the wexford local authority and, no surprises, no application had been made yet. Not only did I not pay the fee in year 2, I wrote to the mgmt co to demand that they apply to have the estate taken in charge.

We are now into yr 3 and again, no application has been made to have the estate taken in charge and again, residents are being asked to shell out for a mgmt fee. Please bear in mind that residents have no idea what the money contributes to, as when I asked for a P&L balance sheet showing insurance contributions, costs etc, my request was ignored.

My question is, is there any legal grounds for the developer to legally claim his fees back from me given that no resident has ever received a statement detailing what their money pays for and that three years on, no application has been made by the developer to have the estate taken in charge?

Also, I see that as of today, climbing rails are being erected on the street facing walls of some properties to facilitate creeping plants. Has the developer any right to install such items given its been 2yrs since they left the site and those walls now belong to some residents?

Thanks,

K-

Paulw

My advice (from experience).

Get together with other home owners and form a resident's association. Legally you are supposed to be shareholders in the management company.

You are entitled to a copy of accounts plus a budget for each year. Each year an AGM must be held, and directors of the management company elected.

Bottom line - get a resident's group going, and hassle the developer, as a group.

Beruthiel

That's very odd kell.
I can understand a management co. for appartments, but a housing estate, I've never heard of that.
The estate I live in was only taken over by the co. co. late last year, almost 30 years after the estate was started!!
Anyways, nobody ever came near me for fees, if they had, they would be told to swing for it.
I thought the builder had to hand over to the co. co. at least, that's how it was in my estate.

Vegeta

As someone who is just moving into my first home in a housing estate, in which I am expected to pay management fees, I too would like to hear what the low down is with them

Paulw

Beruthiel wrote: »

I can understand a management co. for appartments, but a housing estate, I've never heard of that.

It's actually more and more common, especially in more recent estates (last 5 years).

It's the Co co way of delaying taking charge, and also their way to force the developer to do what they're supposed to do.

Mostly the fees would be for maintenance, cleaning, landscaping, street lighting etc.

Weyhey

Have a look at the booklet:

http://www.consumerconnect.ie/eng/Hot_Topics/Our-booklets/NCA-Management-companies.pdf

which mentions housing estates as well as apartment blocks. It links to http://www.consumerproperty.ie too.

The booklet answers questions like:

Will my new house have a service charge?
In recent years some local authorities have made it a condition for granting planning permission that the finished estate (sometimes with a mix of housing types and commercial units) should be managed by a management company. In such cases, the local authority will not take the finished estate ‘in charge’. This means it will not take responsibility for roads and common areas in the estate.
The documents that the purchaser has to sign must show that this management company exists. However, this information is often not clearly communicated or understood. Always ask your solicitor if the planning permission requires that a management company is set up.

Kell

Beruthiel wrote: »

That's very odd kell.

An odd situation for an odd dog eh?

I have circulated a flyer to the neighbours indicating what the situation is and most are happy to sign a petition to have the estate taken in charge.

What irks me is the the developer has been gone for nearly two years and the place isnt finished as per the plans.

Does anyone know how to get a copy of the conditions applied when planning permission was granted?

K-

Paulw

Kell wrote: »

Does anyone know how to get a copy of the conditions applied when planning permission was granted?

That's publically available. Go to your Co Co and do a search for the relevant planning permission documents. Normally they're available on the web, but sometimes you will have to go in and pay a small fee for a copy of them.

If the work is not done, as per the plans, the Co Co can take the developer to court.

gally74

you really have to get the residents together to sort this out,

athtrasna

For a start only owners can do anything about this, not residents so forget the residents association, you need an owners group. Tenants have zero say in the future of the development as legislation stands.

Secondly you need to look at your deeds, you have probably committed to paying management fees in signing them. So technically you would be in breach of these for not paying and only bringing trouble on yourself. As an owner you are a member of the management company and entitled to accounts etc but you need to be pro-active about this. Contact the management agent if you know who it is, if not find the development and contact details on www.cro.ie there's a small fee but it's worth it.

Finally I've never heard of such a new estate being taken in charge. AFAIK 7 years is the average length of time and even after that the councils can refuse to take on things like grounds maintenance so you may still need a management company.

Best advice I can give is to get Conor Grogan's guide to apartment living, it does cover houses in managed estates too. Sounds like you really have no idea what you signed up to when you bought in a managed development, from your rights to your responsibilities. Your house is too big an investment not to know all these things about.

godtabh

Kell wrote: »

I have circulated a flyer to the neighbours indicating what the situation is and most are happy to sign a petition to have the estate taken in charge.

You'll find it hard to get it taken in charge. County councils dont want to taken on the extra burden of new estates.

Kell wrote: »

What irks me is the the developer has been gone for nearly two years and the place isnt finished as per the plans.

There are 100s of places like this. I life in one. builder has gone bust

Kell wrote: »

Does anyone know how to get a copy of the conditions applied when planning permission was granted?

Most CC require a bond to be signed so that in the event the builder doesnt finsih the estate the council can finish it off with the bond. The bond canonly be cashed after the pp has expired. It can take up to 5 years after this to get the council to act.

Start sending them letters about the issues asap

pinkypinky

athtrasna wrote: »

Best advice I can give is to get Conor Grogan's guide to apartment living, it does cover houses in managed estates too. Sounds like you really have no idea what you signed up to when you bought in a managed development, from your rights to your responsibilities. Your house is too big an investment not to know all these things about.

Totally agree but the author's name is Robert Gogan!

athtrasna

pinkypinky wrote: »

Totally agree but the author's name is Robert Gogan!

You are right of course. The time of my post last night might explain my error - LOL!