Management Company - Members Register Query

Lantus

The members register for a management company is 'supposed' to contain the names of all the unit owners which comes about as part of a conveyance. In other words the legal owner.

But what if someone provided a name of a person that wasn't the owner? Say someone they knew. This person then masqueraded as the owner and stated that they were the owner in conversations, and the company sent them confidential information relating to service fees not knowing they were not the owner.

Only by accident was this error discovered many years later and the false owner challenged at which point say they reluctantly admitted the truth but maintained that they were the property manager and therefore entitled to be listed in the members register?

Is this essentially fraud? Would it negate or harm debt recovery proceedings against the real owner if they can claim they never received them regardless of whether they paid?

Is there a case for the OMC to pursue or is it better to just change it and move on? Hypothetically speaking of course.

Paulw

I would assume that it is fraud. I can't see how it would absolve the true owner of any management fees due though. The onus is on the unit owner to register with the management company, and ensure that they have correct up to date contact information. This should have been done via their solicitor upon purchase of the unit.

Bepolite

Hypothetically I believe the debt attaches to the unit and the OMC should ensure it's paid before the unit is sold on. After all this is a leasehold arrangement and I believe the OMC have the right to refuse to allow any sale to go through.

I'm open to correction, of course.