Maintenance of common areas yet to be taken in charge by local authority.

[tnegun]

I'm one of the directors of our OMC and our agent is seeking permission to repair several footpaths and roadways that will eventually be taken in charge by the council. The taking-in-charge process has been ongoing for several years with no information available from the council or developer as to when it will complete. The agent assures us that it is normal practice for the OMC to cover these costs until the TIC process completes but it doesn't sit right with me. Should the developer be responsible for their condition until they successfully have them taken in charge? If the OMC is covering the cost there is no motivation for them to ever transfer these areas or complete them to an acceptable standard.

 

[Leo]

Should the developer be responsible for their condition until they successfully have them taken in charge?

Once you own the development you own a share of that responsibility. What share does the developer retain in the OMC?

 

[tnegun]

Is that expressed somewhere? They still own approx 30-40 units of 400 and are still the registered owner of all the common areas concerned I believe this is because they were never to transfer to the OMC but to the local authority. The developer had been maintaining these but then transferred the costs to the OMC in the past few years. It seems at odds with MUD too as it was never approved at AGM.

Section 18

(6) Service charges levied under this section may not be used to defray expense on matters which are or were the responsibility of the developer or builder of the multi-unit development concerned unless such expenditure is approved in writing by 75 per cent of the members of the owners’ management company concerned.