Building Defects & Management Agent Communication

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Good morning,

In June we received a letter from the Management Agent to tell us during routine maintenance some 'building defects' were found, affecting all apartments. No further information has been provided other than they are getting quotes from contractors and that a levy may need to be applied.

I've asked numerous times for further information but told absolutely nothing. I've looked at the MUD act but it doesn't say anything about providing information/obligations of communication on the management agent/company.

I'm very annoyed at this stage and don't even know the severity of the issue. I've spoken to other residents who are equally annoyed.

Is there anyway I can compel them to disclose what is going on?

Many thanks
 
Hi Samsonite
You are the Management Company, therefore the management agent has no right to withhold this information from you. I would contact the management company's directors directly and ask them to get the Management Agent to supply full information.

It is my understanding that a Management Company cannot impose a levy, they can only increase the service charge to cover the repairs. Any service charge increase would need to be voted on at an AGM or EGM.

Our estate is going through a similar issue with building defects but every member was emailed the full report from the engineer detailing the damage.
 
Thank you very much for your reply. It's beyond frustrating that they are withholding information. I will contact the Directors.
 
I am a Director of an OMC. We recently had a buildings survey done which identified certain faults. Our solicitor advised not to release this report to individual owners on the basis that some owners might begin to put pressure/ or sue for work to be done for their own apartment. The OMC has a duty of care to prioritise work throughout the development on the basis of urgency. We gave an overview of the findings at the AGM. This might explain why the information is not being released at this time.
 
Our building defects had a safety consideration so I suppose the management company had an obligation to inform us on safety grounds. However they informed all residents, even those not affected. I'd think being open and transparent is always the best way forward. If they are running the place correctly they should have no fear of being sued.
 
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