Apartment with huge fee arrears being sold.

[theo67]

I own an apartment in a development with substantial managment fee arrears.I notice that one apartment,with arrears of 6,500, is now sale agreed on Myhome.ie. Is there anything residents association could/should do to ensure arrears of fees are a factor in the sale? Any info appreciated.

 

[ClubMan]

I didn't think that a solicitor could complete the conveyancing on such a property until all management company arrears were discharged? Maybe the plan is for the seller to settle the matter before the sale closes?

 

[theo67]

I was hoping that might be the case. Its just that the particuar owner,who owns 4/5 apartments in the development, never paid a cent over past 5 years, though all were/are let. We would like to avoid getting further shafted,if possible. We have sent solicitors letters etc. in recent months.

 

[ClubMan]

[broken link removed]

Not paying could leave you open to legal action, and any outstanding debts can be tied to your property. Any monies owed may be deducted from the money you receive once the sale has gone through.

I would imagine that most management company leases are structured in such a way that this applies. Maybe check with your management company, agent or legal advisor.

Could the arrears on the property for sale have been cleared since the last management company arrears list was issued?

 

[Bronte]

We would like to avoid getting further shafted,if possible. We have sent solicitors letters etc. in recent months.

Which solicitor did you send them to, vendor's or purchasers.

Not sure on the law on this one, for rates for sure solicitors make sure that they are paid out of the proceeds as these costs run with the property, but not sure about management fees.

But if I were a potential purchase I would certainly want to know that all fees, rates, management fees and NPPR etc were paid. Presumably one's solicitor one want so too.

 

[theo67]

We have sent solicitors letters etc. in recent months.


I should clarify that I was referring to solicitors letters to the apartment owner,requesting payment of outstanding fees. At this stage,we do not know names of vendors/purchaser's solicitors,or the name of the purchaser.I will speak again with members of our managment company.Thanks for the replies.