Dealing with Apartment Owners who refuse to pay management fees

warrenm

Hi there. I am a director on the board of management of a Dublin city center apartment block. Our previous management agent mismanaged the building, with many fees uncollected, accounts "stolen" from their office and funds missing. They were fired in 2008 and a new company hired. Since then most of the unpaid fees have been clawed back but four of the forty apartment owners in the block are refusing to engage on any level, not only denying they owe historic fees (even though they have no evidence of any description of payment) but also refusing to fees since the appointment of the new company. Has anyone any experience dealing with this? The apartments are held under 999 year leases with the management company as freeholders. Refusal to pay fees directly contravenes the terms of the lease. Can the lease be terminated allowing the management company to take possession of them? If not can they be locked out of the development until fees are paid? Any other suggestions? We have sought legal advice on three occasions but no one seems to be give us a solution to the problem. It's a small block so the shortfall in fees year on year is really effecting out ability to run the development? I may add that all four apartments are rented out, two of the owners being "professional landlords" who know how to play the system

Milk & Honey

You already have a thread in Accommodation & Property.

dermot_sheehan

Milk & Honey wrote: »

You already have a thread in Accommodation & Property.

This board is not a substitute for professional advice. No one can properly advise you as to whether forfeiture and re entry is possible without sight of the leases and possibly the memorandum and articles of associatiion of the management company. Thats what a solicitor is for.