v FAMILAIR . U are one of so many .
Check your planning permission to see if the est of a management company is a condition of the pp.
If so then u are in a mud estate that is controlled by the MUD Act since 1 4 11 and under which no service charge can be set by members until the common areas are transferred to the management company and development substantially completed and the designated public areas taken in charge by the county council UNTIL then the developer is responsible for all them cost even if in liquidation. See arts of association to see who has voting rights of the management company.
This only reiterates what is said in the lease and the contract between the Developer (who sets up the man co ) and the man co.
Why are u paying service charge ?
As for the management company itself while u may be a member of it u may have no voting right under the companies act. The voting right are set out in the arts of association, and they may set out as in our case that the voting right vest in the subscriber to the memo of association until the developer has no more interest in the estate that is to say the common areas have been transferred to the omc and the estate has been completed to the TIC standard.
The subscriber to the arts are usually the developer solicitors, and they may be the correct people to contact the man co as they are the one to convene agm and appoint directors and responsible for the levying of these s charges that omc cant levy under s 27. The estate agents are not man co merely an agent appointed by the man co. So again check arts to see how to est contact with the management company .
I had to go thru it all in the N Dub Mud estate and still not completed b sub complete