Maintenance of Estate - can you remove developer?

[BK2]

Hi,

I am wondering if anybody has been in this position. I am living in a newish estate maybe a few years old. The developer has left the estate very unkept and although there have been several calls always says he will fix it but never does. We want the Council to take over. We know we will have to get funds together to maintain along with Council maintenance but at the moment people are annoyed that they should have to pay for maintenance when the builder isn't dong anything - he should until taken over. Also he didn't really finish the landscaping properly and says he will but never does. THere is a bond in place i.e. funds the council hold back until they take over estate. Has anyone ever been in this situation? what is the best course of action?

 

[ClubMan]

Is there a private management company? If so how does it operate (e.g. are all householders members/shareholders, does the developer retain control, etc.)?

 

[BK2]

No there is no management company. We have set up a residents association but that is not a legal entity and cannot "take over" the estate. The developer keeps saying that the residents association should take over the estate but thats not possible (which he should know) as far as I am aware it has to be a legal body i.e. Council, Developer or Managment Company?

 

[ClubMan]

Did anybody ever talk to their solicitor about this state of affairs? Or get advice collectively on behalf of the residents/residents' association?