S
sydney73
Guest
Hi,
Hoping that somebody might be able to provide some advice.
Background
I live in an estate that comprises both apartment blocks and townhouses. The apartment blocks are leasehold, while the townhouses are freehold.
The freehold townhouses do have a Lease of Easement on the common areas, but the land and the premises are freehold.
The Indenture agreement clearly states that the management company only own the apartment blocks and the common areas, but not the houses or their lands.
Issue
I recently got my service charge invoice which includes building and structure insurance (was not aware that this was on my previous invoices but it was).
I already have building insurance with the a seperate insurance company (which I have my other policies with).
I have asked the Management Company to remove me from the insurance scheme, but they are refusing and telling me that I have to cancel my other insurance policy. This I am not willing to do.
Although I am a member of the management company, I am of the opinion that as I only signed a Lease of Easement,my membership is limited to my Lease of Easement, and therefore my contribution towards the maintainance of the common areas only.
They claim that they must insurance all houses within the estate due to the insurance policy, while I claim that as my house is freehold (solely in my name) that I should have the right to choose my own insurance provider.
I have offered to supply them with the necessary documentation to prove that the house has the required insurance, so that they can remove me from their building insurance scheme and I have also to pay my contribution towards the public liability insurance of the common area.
But to date, they have been a stone-wall no from them.
Questions:
As I am a freehold on the premises (including the building and the land upon which it stands) and therefore the management company hold no deeds of title on the same, do they have a right (or legal) obligation to insurance my premises ?
Does this not also violate my right under the consumer rights of goods and service act ? in relation to my freedom to choose the provider of my insurance service ?
How can address this if the management company are not willing to move on this ? (other than forking out €000s in legal fees)
Hope somebody can provide some information on this - Thanks
Hoping that somebody might be able to provide some advice.
Background
I live in an estate that comprises both apartment blocks and townhouses. The apartment blocks are leasehold, while the townhouses are freehold.
The freehold townhouses do have a Lease of Easement on the common areas, but the land and the premises are freehold.
The Indenture agreement clearly states that the management company only own the apartment blocks and the common areas, but not the houses or their lands.
Issue
I recently got my service charge invoice which includes building and structure insurance (was not aware that this was on my previous invoices but it was).
I already have building insurance with the a seperate insurance company (which I have my other policies with).
I have asked the Management Company to remove me from the insurance scheme, but they are refusing and telling me that I have to cancel my other insurance policy. This I am not willing to do.
Although I am a member of the management company, I am of the opinion that as I only signed a Lease of Easement,my membership is limited to my Lease of Easement, and therefore my contribution towards the maintainance of the common areas only.
They claim that they must insurance all houses within the estate due to the insurance policy, while I claim that as my house is freehold (solely in my name) that I should have the right to choose my own insurance provider.
I have offered to supply them with the necessary documentation to prove that the house has the required insurance, so that they can remove me from their building insurance scheme and I have also to pay my contribution towards the public liability insurance of the common area.
But to date, they have been a stone-wall no from them.
Questions:
As I am a freehold on the premises (including the building and the land upon which it stands) and therefore the management company hold no deeds of title on the same, do they have a right (or legal) obligation to insurance my premises ?
Does this not also violate my right under the consumer rights of goods and service act ? in relation to my freedom to choose the provider of my insurance service ?
How can address this if the management company are not willing to move on this ? (other than forking out €000s in legal fees)
Hope somebody can provide some information on this - Thanks