Flooding issue - management fees not up to date

[coc]

Hi, I would be most grateful if someone could give me some advise on my management company. Some years ago we fell into arrears with our management fees and since have made agreements to pay of these arrears to which the management company will not agree to but none the less I continue to pay the amount anyway.

In the meantime we have a communal garden in the centre of the apartment block which is located above shops. Part of our apartment flooded last December due to the heavy rain and the management company were terrible to deal with they said it had nothing to do with them etc, we said nothing replaced our floors ect. The same now has occurred again. We know the problem is the water is lodging outside our apartment as there is no where for it to drain of to and it is building up and draining back into our apartment, the management company continue to deny this and wont allow us repair outside as they said we don't have their permission and we are not experts. I cant replace my floors again until I know that my apartment isn't going to flood again, but they don't care and they wont do anything. I feel my only option is to get an engineers report stating why the water is draining back into our apartment and asking them then to repair this or give us the permission to do it. I feel since we fell into arrears with our fees they wont fit anything for us, which in fairness I appreciate other work will come first, but they wont even allow us repair it, Its a bit of catch 22 and they are very rude and agressive to deal with. HELP! I also don't have the money to be getting engineer reports and replacing the floors every year. But I feel my only option now is to get a report show them the issues coming from an expert and trying to have it repaired.

 

[Leo]

You don't own any of the outside, so you will never be allowed to carry out repairs.

 

[so-crates]

Have you requested that they investigate the matter properly? In other words, request that they commission a formal report? I am not saying they will do it but at least if you put that request in writing then they have to formally reject it - I would also request a reason why they are rejecting it. Other than that I would be inclined to at least get an estimate as to how much it would cost to investigate. Whether or not you would be allowed to, or ought to, make repairs should not even be a consideration until the root of the problem is established. It may inadvertently make things worse with any repair that does not actually solve the root issue.

As to the arrears, semantics I know but you say you have " made agreements to pay of these arrears to which the management company will not agree to", if the OMC have not agreed to your repayment plan then it is not an agreement. You have proposed an affordable repayment plan and are sticking to the arrangement you communicated to them - have they given an reason to reject your proposal? Logically you cannot get blood out of a stone so an affordable plan should be of more benefit than a continuation of the previous non-payment. Does your proposal address arrears and ongoing repayments? Does it demonstrably reduce the arrears over time? Does it cover insurance costs?

 

[44brendan]

Have you discussed the issue with your solicitor. the management company is a 3rd party and if their action/inactions are resulting in a flooding impact on your property there may be a case for a warning letter to be sent to them on the issue!

 

[mathepac]

... the management company is a 3rd party and if their action/inactions are resulting in a flooding impact on your property there may be a case for a warning letter to be sent to them on the issue!

Is the Mgt Co a 3rd party if the poster is a member? (presumably not a member in good standing if fees are in arrears)

 

[lantus]

OMC is not a third party. There is a direct contractual link between unit owners and the company. Company should investigate and establish facts but work is dependant upon having the money which is only from service fees.

Yes you could send them a warning letter but advising them of what? That as a member you have breached your contract (reasons unimportant) and failed to pay your service fees. The OMC is now underfunded and you now want expensive building repairs done on your unit funded by everyone else at their expense.

mmmmmmm, something not right there.....

I would imagine that the solicitor would politely advise you to: -

a) pay your service fees and,
b) get involved in the running of the company (like everyone else should)

 

[mathepac]

... I would imagine that the solicitor would politely advise you to: -

a) pay your service fees and,
b) get involved in the running of the company (like everyone else should)

That's more like it.

 

[mtp]

The arrears and flooding of apt are two separate issues. The management company which is a third party - a separate legal entity - may be responsible for the repair of the source of the damage - seems to be drainage and remedial structure work needs to be done. But then have the common areas been transferred to the OMC? If not may will be the developer who is responsible. is developer in receivership. U need to look at your lease and go to solicitor.