Management Company charges & voting rights

brrabus

Hi, I was hoping someone in here might be able to help on this matter.

My elerdly mum lives in an apartment (2 bed) that she purchased nearly 10 years ago. The complex only consists of four apartments and two dorma bungalows. Two of the apartments are three bedroom as are the dorma bungalows and the other two apartments are two bedrooms.

Anyway, over the past 10 years she has had so much hassle with regards to maintance. The builders and land owners kept the remaining properties in their names. The builder kept two and the land owner kept three. For years they have been bullying my mum, they have never sent out any management fees, for the insurance she has to contact the insurance company direct. The accountant is billing her for one sixth of the fees, at one point he even tried to bill her for one third.

They are now looking to wind up the management company and god only knows what they have in store. They are not the nicest people going, put it this way, the builder instructed the grass cutter over a two year period to cut the grass apart from what is outside my mums apartment. The place is filthy, in total darkness. The development is considered an Unauthorised Development by the Council and a few years after they built it, they applied for Retention and this was refused by the council, who gave loads of conditions. The council seem to just be ignoring it. Council sent out UD letter but never followed up on anything.

My question really is regarding voting rights. As the builder and land owner kept the other apartments (land owner is not the bully one, think he just wants a quiet life), do they still have one vote each. Effectively, can they just do what they want as my mum is in the minority? Should any management fees not be split on the size/bedrooms of the properties? Sorry for all the questions, I really am at the end of my teather.

Paulw

What does her solicitor say? What do the contracts that she signed when buying the property say? Did her solicitor not check everything out when she was buying, with regards to the planning permission of the development?

Plenty of other reading in the Multi-Unit Developments Act 2011 for you.

brrabus

Paulw wrote: »

What does her solicitor say? What do the contracts that she signed when buying the property say? Did her solicitor not check everything out when she was buying, with regards to the planning permission of the development?

Plenty of other reading in the Multi-Unit Developments Act 2011 for you.

The solicitor in question who dealt with the purchase allowed her to purchase with all the details on Management being blank. The legal aid office today for the first time asked for these solicitors details.

I have read that Act over and over, it does not cover a situation that my mum is in in any detail whatsoever or in any coherent manner that I can make out. I have been passed from pillar to post today, to be honest, I am meeting myself coming backwards.

Paulw

brrabus wrote: »

The solicitor in question who dealt with the purchase allowed her to purchase with all the details on Management being blank. The legal aid office today for the first time asked for these solicitors details.

That was foolish, if not even negligent of the solicitor. It was also very foolish of your mother to sign blank contracts.

brrabus wrote: »

I have read that Act over and over, it does not cover a situation that my mum is in in any detail whatsoever or in any coherant manner that I can make out. I have been passed from pillar to post today, to be honest, I am meeting myself coming backwards.

You need to look up details of AGMs, voting rights, election of directors, etc.

brrabus

Foolish on my mum's side yes, I agree, but she trusted him as he is the son on one of her friends. Honestly this has been a nightmare for ten years, wearing me down. As to the voting right, it is quite confusing as she would be considered the minority only owning one unit in six even though the other two one two and three respectively. It is not clear whatsoever.

Muahahaha

I think it usually works out at one vote per leaseholder, so your mum would be outvoted by the other two. However if she can get the landowner on board with her then they'd have 4 votes out of six so an overall majority would mean you could appoint a new management agent to look after the place