Re: Help please - quick answer required
Thanks guys.
Thanks mf1 - I think that the developer is trying to get the xfer done now as a matter of urgency as the Co. Council have pointed out some serious problems that need to be dealt with. His solicitors have not responded to 2 letters asking for the current status on the common areas. Can I take it that the Deed of Transfer cannot be backdated? And if it was done to whom would the conveyancing docs have been sent to originally - the managing agent?
Sorry for the questions but cant get my solc. on phone and we need to get something sorted today.
Sorry I missed this earlier but hopefully this may yet help.
- There is no time limit for taking things in charge AFAIK.
- Councils don't chase after deveopers for handover
- Its up to the developer to offer the relevant title.
I'm not aware of an apartment complex where the common areas have been taken in charge.
The "7 years" may refer to a period within which enforcement proceedings can be taken to comply with the terms of a permission.
Normally a management company is set up possibly per the requirements of the planning permission and each apartment owner then becomes a member of the company - owner may be your landlord if you're renting.
The common areas may be transferred into the ownership of the Management Company
A sinking fund is set up to pay for maintainance, repair and upkeep of the building.
A separate maintainance company may be asked to manage the building for a yearly fee plus costs.
Any such firm should be monitored to ensure they are doing their work and are not overcharging.
Similarly persons paying the annual fee should ensure that its going into the correct account and that it is sufficient for the projects needs of the company over say, a twenty year replacement cycle.
Lifts eventually wear out, fire extinguishers need to be re-charged, common area heating and lighting needs to be replaced.
It may be left up to the management company to insure that the developer has fulfilled all his obligations in relation to completing the building compliantly with planning permission, and the building regulations and has discharged all his debts in relation to it, fixed all defects and paid all levies.
If not these may pass to the successor in title.
Checking whether or not all this was done may be the responsibility of one the solicitors of the members or, if appointed, a solicitor acting for the management company - but someone should check all this.
Sometimes the developer may be a significant company member and hold voting rights from multiple properties, which can be interesting at AGMs an may result in any motions requesting action to force him to complete being blocked.
If so or if the developer hasn't done this anyway, then it seems its back to the Council to Enforce compliance.
HTH