# Authority of Developer within Residential Apartment Complex



## Frasier (14 Nov 2008)

I'm interested to learn what authority a developer continues to have after he has resigned from the management company (new directors elected from apartment owners) but before the transfer of title to the management company.

For instance, does the developer continue to have the authority to materially alter the layout of the complex, grant right of way\access through the complex etc.

Is there a point at which he has altered the complex to such an extent that he could fall foul of the Sale of Good's Act or similar.  For example, apartments sold as a private and gated community through which right of way is subsequently granted to a third party or parties.


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## ontour (14 Nov 2008)

I would think that it would be very hard pushed to apply the sale of goods act here.  Of far more relevance is the planning permission received and the local authority.  Are the changes being made to conform to the approved planning permission.  It would be worth having a look online to get details of the plans that were approved for the development and whether any alterations to the approval have been sought by the developer.


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## ajapale (14 Nov 2008)

moved from  Askaboutlaw to  Management Companies, Apartments etc


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## markpb (15 Nov 2008)

Standing down from the board of the management company means nothing if he still owns the land (ie he hasn't vested). Since he owns it, he can do anything he likes including applying for new planning permission.

You have a point about the sale of goods act but I'm not sure how successful you'd be. Planning enforcement might have more luck.


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## Frasier (16 Nov 2008)

Not sure why this was moved as it's a legal question but anyway....

One of the things I was getting at was that at some point in the future, the property ownership will revert to the management company.  Therefore the management company have a reversionary interest.  Does this provide the management company with any legal rights.

The other point I was making was that the apartment owners visited a showroom, where sold a vision for the complex, browsed brochures etc.  Do they have no protection if the complex is later revised?


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## ontour (16 Nov 2008)

> Not sure why this was moved as it's a legal question but anyway....


 
At the top of the AskAboutLaw forum it says "For legal issues not covered in another forum."



> The other point I was making was that the apartment owners visited a showroom, where sold a vision for the complex, browsed brochures etc. Do they have no protection if the complex is later revised?


 
I would be very surprised if you have a brochure or documentation that does not have a caveat regarding the details being aspriational rather than legally binding.  If you live in proximity to where developments are taking place, you may have valid grounds for objecting to any proposed development or changes to existing 
planning permissions.


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## Frasier (16 Nov 2008)

I appreciate that is stated on the brochure.

Is there any recourse when the developer grants right of way through a development sold as a private, gated community?  Is there a limit to the alterations a developer can make subsequent to selling properties within a development?


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## 8till8 (18 Nov 2008)

Frasier, the first place to start your research is in your individual title deeds. 
In this it will detail the process of
1. how the common area will be transferred to mgmt company
2. what area will be transferred (vital information in your case)
3. when the area will be transferred.

So if the developer doesn't do what he promised at the time of your purchase then you can take action for breach of contract.

Good luck, its a long road...


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## navanclaire (20 Sep 2009)

does anyone know if a builder applies for example in 2004 to build 500 houses and he does that , but for the last 10 houses , he decides to change from 10 detached to 20 3/4 bed semi's. He applies in Jan 2009 to change the permission to cover this. Q Is he obliged to comply with the building regulations that were in force when the origianal planning permission was applied for in 2004? OR is he then obliged if he is given the change of permission in 2009 , to comply with the building regs that are in force in 2009?


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