Deducting unused fees from this year's fees?

[Azaria]

We have paid management fees in our complex for the past five years. For the past two years a seperate fee was added for 'painting' work. I queried the need for painting in such a new complex but was told that it had been decided and that all residents had to pay. We paid the first year but no work was carried out. When the second annual bill arrived, I rang the agency and was told that they were still chasing some residents for money for the painting but that it would definately be carried out early in the year. We duly paid the second 'extra' payment but again, no work was carried out.
In the meantime, the person who deals with our estate was replaced. I rang and spoke to the new person and they informed me that the estate is in massive arrears. They are trying to organise a plan so residents can pay back their arrears in installments and are withholding bin codes to those who won't pay. They are also apparently calling in debt collectors.
She told me that they would not be proceeding with the painting until they had collected the debts. She also stated that they would be pursuing people for the outstanding painting fees. When I asked her if there was a seperate account for the painting fees, she said there wasn't.
My query is this..can I deduct the painting fees from my management fees this year on the basis that no work was commissioned or carried out?
I have absolutely no problem paying in advance for necessary maintenance fees but it seems to me that the extra we paid was used to cover a lack of funds rather than what it was requested for.
I don't want a bad relationship with the company and I certainly don't want them to withhold bin codes or send a debt collector, but in any other company surely you would be entitled to a refund if the work is not carried out and there is no proposal in writing even after two years?
Thank you for any advice.

 

[Guest110]

You should legally be entitled to your money back if the service was not provided. If your current management fee's are up to date and they have not provided the painting service, then they should not be entitled to hold onto the money that you provided for the painting service.

 

[Yorrick]

This is yet another example of the mismanagement of apartment complexes in Ireland. While of course most blame rests with the management company the individual owners in many cases did not appreciate fully their responsibilities as shareholders.

 

[ontour]

You should legally be entitled to your money back if the service was not provided. If your current management fee's are up to date and they have not provided the painting service, then they should not be entitled to hold onto the money that you provided for the painting service.

That is not the way management fees work, you do not pay for particular services, it is not 'a la carte'. The management company produced a budget based on expected expenditure which included a provision for painting. Due to other members of the management company not paying their share, all the work in the budget that was planned could not take place. The management company prioritised the use of the available funds and determined that the painting was one of the less critical items.

The management agent has been replaced and there would appear to be some action taken regarding the outstanding fees. This is a good sign that there is an active management company.

It is unfortunate that the OP is suffering due to the unwillingness or inability of others to pay their share. It is important to ensure that the necessary interest and charges are assigned by the management company to overdue accounts to deter late payment and ensure that the members who are up to date are not funding the debt collection process or loans / overdraft required.