The developer of my estate ( 70 sites in total, 50 complete) has not handed over the ommon areas in accordance with the requirements of the MUD Act. The estate was in the development stage when the Act came into force, so he should have handed it over by September 2011. My contract for sale states that I need to pay him the sum of €250 per year, since I bought the site in 2006 until the estate is taken over by the management company. I haven't paid the €250 for any year, none of the residents have as the estate has not been completed, there are a lot of problems that the residents have highlighted to him.
I understand that I am bound by my contract to pay the €250, but from September 2011, do I have a defence not to pay it as the estate should by that stage have been handed over to the management company, and we should no longer be paying fees to the developer? It is his responsibility to ensure that the estate is handed over but he failed to do so.
He did hold a meeting with the residents around that time at which the problems with the estate were highlighted to him, and he undertook to fix them. At this meeting, he did not have expenditure accounts, or confirmation from suitably qualified persons that the estate is completed in accordance with building and fire regulations. He basically came to the meeting with his hands hanging and expected us to take over the estate. Since then, he has not completed the estate and made no more attempts to hand the estate over to the management company.
However, he has maintained contact with all of the residents by issuing his annual bills of €250, and I am now in arrears of over €1500, some residents have arrears of even more. He has now taken legal proceedings against 12 of us, trying to recover his annual fees. We are defending the case on the basis that the level of maintenance was poor to say the least (some years the grass was cut just 3 times per year, lights broken and not fixed for 3 years), he has not provided accounts for expenditure, we know for a fact that some of the contractors he engaged have not been paid (although we don't know if these guys will come to court as they are still hoping to be paid), and in some years he didn't even engage contractors, he and his son carried out the grass cutting so he can't possibly have invoices. The residents all accept that we owe him something, he did maintain (I use that word loosely) the estate. We offered him a sum of €900, which was generous in my opinion as a settlement but this was turned down so it is now going to court.
Is there anything else in the MUD Act that can help our defence?
Does the MUD Act supercede our contracts for sale, i.e. after September 2011 should he have been compliant with the MUD Act and therefore he should not be in a position to levy fees directly beyond that date?
Has anybody had a similar experience? How did ye defend the case in court?
I understand that I am bound by my contract to pay the €250, but from September 2011, do I have a defence not to pay it as the estate should by that stage have been handed over to the management company, and we should no longer be paying fees to the developer? It is his responsibility to ensure that the estate is handed over but he failed to do so.
He did hold a meeting with the residents around that time at which the problems with the estate were highlighted to him, and he undertook to fix them. At this meeting, he did not have expenditure accounts, or confirmation from suitably qualified persons that the estate is completed in accordance with building and fire regulations. He basically came to the meeting with his hands hanging and expected us to take over the estate. Since then, he has not completed the estate and made no more attempts to hand the estate over to the management company.
However, he has maintained contact with all of the residents by issuing his annual bills of €250, and I am now in arrears of over €1500, some residents have arrears of even more. He has now taken legal proceedings against 12 of us, trying to recover his annual fees. We are defending the case on the basis that the level of maintenance was poor to say the least (some years the grass was cut just 3 times per year, lights broken and not fixed for 3 years), he has not provided accounts for expenditure, we know for a fact that some of the contractors he engaged have not been paid (although we don't know if these guys will come to court as they are still hoping to be paid), and in some years he didn't even engage contractors, he and his son carried out the grass cutting so he can't possibly have invoices. The residents all accept that we owe him something, he did maintain (I use that word loosely) the estate. We offered him a sum of €900, which was generous in my opinion as a settlement but this was turned down so it is now going to court.
Is there anything else in the MUD Act that can help our defence?
Does the MUD Act supercede our contracts for sale, i.e. after September 2011 should he have been compliant with the MUD Act and therefore he should not be in a position to levy fees directly beyond that date?
Has anybody had a similar experience? How did ye defend the case in court?