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Advice needed please (Read 2052 times)
Junior Member

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Advice needed please
Jan 28th, 2009 at 2:50pm
Hi everyone, a little bit of advice is needed, any help will be greatly appreciated,

I live in private housing and as part of the burdens, title deeds, everyone has to pay a maintenance charge, and as far as i am aware there is no time limit for payment, other than it says before the next AGM .At the moment the management committee are pressuring us for payment in 2 weeks time.the AGm is not until April . (there are other reasons why we havent paid so far ) are they allowed to do this, ?

I have to point out that the management committee is just other home owners and we all have an equal share in the private non profit  ltd company ,if . this is where my other question comes in ,do they have the right to take court action using everyone elses money including ours to take us to court, or would this be seen as a conflict of interest ? Why i ask is some time ago, one home owner who broke the burdens regarding erections and other items, was taken to court and at the time, the Judge said that company money could not be used as it was a conflict of interest , ie it would have been some of his own money .Would that still stand ? An individual owner had to take the other owner to court .

Any advice would be greatly welcome

thank you
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Posts: 79
Re: Advice needed please
Reply #1 - Feb 3rd, 2009 at 3:12pm
Re your second question about conflict of interest, the fine detail on this might be in the title documents, but I can't see why they cannot sue one of the "shareholders". 

I own timeshare in the UK, and I'm aware that the management committee regularly repossess weeks from owners who have consistently failed to pay the management fees.
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Lil Mo
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Re: Advice needed please
Reply #2 - Feb 3rd, 2009 at 4:40pm
Hi - if you check your Title Deeds, you will probably find that there is a requirement to have a Property Factor or Management Committee, which is normally decided upon by the owners.  When a Management Committee have been appointed they woulod have been given the power to instigate Court action against any of the owners who do not pay their proportion of the fees due.  The reason that many developments decide to have a Management Committee as opposed to a Property Factor is that they can keep the costs down, have more control over the communal repairs and maintenance etc.  and they don't have to pay a managment fee to a Property Factor.

This is becoming more common nowadays as people realise this is something that they can do themselves and is much more cost effective.  Normally the money used to take someone to Court would come from the general fund of the Management Committee, which all the owners should have contributed to.

Hope this helps.


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