Attached report of the decision of the c court in the action taken by tyrellstown no 4 management company for arrears which was struck out as management company was not the correct plaintiff and common areas had not been transferred to the OMC.
OMC cannot levy service charges for costs work the responsibility of the lessor /builder until completion of the contract for sale and transfer of common areas to the OMC with the leases without written consent of 75 per cent of ALL member under S18.6 MUD Act.
That order may be available form C Court Office in Dublin. Applies only to estate when under leases it is LESSOR who is entitled to receipt of s charge - he fact that lessor direct payment be made into bank account in name of man co is not man co business the main thing is that it is still lessor entitled to receipt until common areas transferred . .
C:\Users\Toshiba\Desktop\higgins-backs-service-charge-ruling tyrellstown.pdfC:\Users\Toshiba\Desktop\higgins-backs-service-charge-ruling tyrellstown.pdf
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OMC cannot levy service charges for costs work the responsibility of the lessor /builder until completion of the contract for sale and transfer of common areas to the OMC with the leases without written consent of 75 per cent of ALL member under S18.6 MUD Act.
That order may be available form C Court Office in Dublin. Applies only to estate when under leases it is LESSOR who is entitled to receipt of s charge - he fact that lessor direct payment be made into bank account in name of man co is not man co business the main thing is that it is still lessor entitled to receipt until common areas transferred . .
C:\Users\Toshiba\Desktop\higgins-backs-service-charge-ruling tyrellstown.pdfC:\Users\Toshiba\Desktop\higgins-backs-service-charge-ruling tyrellstown.pdf
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