Selling a house in a MUD - common areas

Luckylow10

We are currently selling our house. It was built 2006. Very small estate less than 45 houses.

The roads and paths are taken in charge by the council. The lights and water services are under council charge.

the small green common areas haven’t been transferred to the management company. It’s a long process. we had difficulty finding the owner of the common areas etc. it’s also cost prohibitive.

many houses have already been bought and sold here without issue.

is this a problem our buyers could pull out over? They have raised this as a concern.

My solicitor won’t respond to my query unfortunately.

Personally I don’t see the big deal so maybe I’m missing something?

https://www.boards.ie/discussion/2058364145/selling-a-house-in-a-mud-common-areas

It is a big deal as the costs you mention may eventually have to be paid in part by the new owners. What have the OMC said about it? Your solicitor will need information from the OMC in relation to common areas and your membership.

Luckylow10

we are getting the information from the OMC about the current status but i do know the transfer process started about 4 years ago trying to track down the owner.

I do have hope that it’s not a big issue though as there have been many house sales already.

I was told the costs are to just formalise the transfer of the areas , but realistically the common areas are for the use and upkeep of the residents OMC so it’s just administrative.

Soc_Alt

https://www.boards.ie/discussion/comment/122498907#Comment_122498907

If it's not the OMC owning the green area it's the developer. The names of the developer will be with the council. The OMC sould have a solicitor to chase this up.

Luckylow10

You’re spot on, but the last update I had was that the OMC solicitor’s couldnt locate the developer.

I’ll have a further conversation about this with my management agents. 👍🏼

Del2005

The many sales could of been cash sales. A bank won't give out a mortgage if the OMC isn't functioning and yours doesn't look like it is.

Luckylow10

Many of the house sales were mortgaged.

I think the OMC is functioning very well, other than the uncertainty of the transfer of common areas which I will ascertain further clarity soon.

From further research this seems to be a very common issue with MUDS across the country, lot of developers when AWOL after the property bubble burst in 2008/2009

Ive stopped worrying about this now, we shall see what happens.