Management company issues

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Hi,

Hoping someone can offer a little advice on the following.

Our complex has a pedestrian right of way which hopefully will be closed off at some point, when I bought the apartment 2005, the brochure stated gates would be erected at some point. Myself and other residents are arguing that because it is a pedestrian right of way that should not hinder gates going up to stop cars etc driving into the complex.

We has some serious issues with cars parking in the complex, and either selling drugs or smoking weed etc, this could be stopped overnight with gates which would not stop the pedestrian access.

One last question: The management company in place have been here 15 years, is it normal for a company to have this contract that length of time without it being tendered out at some point.

Caranica

The management company is the legal entity comprised of all owners in a development. Most management companies in turn retain a management agent to administer the day to day running of the development. The company is permanent, the agent can change but the key is find a good one (very very difficult) and keep them.

Some councils have changed their policies on gated living in the past 15 years and will not give planning permission now. Have you checked if this is an issue where you are?

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Caranica wrote: »

The management company is the legal entity comprised of all owners in a development. Most management companies in turn retain a management agent to administer the day to day running of the development. The company is permanent, the agent can change but the key is find a good one (very very difficult) and keep them.

Some councils have changed their policies on gated living in the past 15 years and will not give planning permission now. Have you checked if this is an issue where you are?

Cheers for that, We have engaged with the management company over several years, they are stating that when complex is transferred from original builder they will move ahead with the gate issue. Can I assume if they were in the original plans that planning permission would still stand ?

Caranica

Planning permission expires and 15 years would be beyond the enforcement period so unfortunately the management company would have to reapply.

If the builder is still in control after 15 years I'd have some concerns in terms of the MUD Act. Ours handed the development over to the owners management company after 15 months.

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Would it make sense that the builder went out of business before the complex was handed over ?

One more quick question, do the board of management have to live within the complex ? Of the 4 board members, only 2 live on site.

Thanks again.

Caranica

Directors need to be members of the management company ie own one or more properties in the development. There is no requirement to be resident though it would be fairly unusual for a non resident to be willing to put in the work required. Then again if they want to protect their investment there's no better way.

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Caranica wrote: »

Directors need to be members of the management company ie own one or more properties in the development. There is no requirement to be resident though it would be fairly unusual for a non resident to be willing to put in the work required. Then again if they want to protect their investment there's no better way.

Both have several properties here which tallies with what you said above, suppose in a odd way it's not a bad sign if they bought more then one unit.