Question about service charges & lease

Hi all, first post.

I bought a new apartment in an apartment complex in the west of Ireland about 4 years ago. I am now one of the directors of the Management Company. We’re about to have our annual AGM in a few weeks time, and it turns out that our budget will be significantly in arrears for next year. Half of the arrears are due to various problems with the complex, call-outs, an underestimated ESB bill prediction, etc. However, the other half is due to the fact that the builder never paid service charges for a commercial property at the front of the apartment block. He says that because the commercial property was vacant for 2 years, his contract states that he does not have to pay service charges.

My questions are:

• What document would contain the details concerning the developer’s commercial property service charges? Am I correct to assume it’s the Master Lease? If not, where would this information be contained?
• As a Mgmt Co director/owner of an apartment, am I within my rights to call the builder’s solicitor to ask for a copy of the lease, and is he required to furnish me with a copy of it?
• Is it possible to get this lease altered, say with the vote of Mgmt Co members at an AGM?

Thanks for your time.

It's worth having a read of your memos and articles as well. If you don't have them, you can get them from the CRO website for about €10. It may mention what happens with vacant properties and developer possession. I think in your capacity as a director it would be reasonable to request proof of what he says is in his agreement. If it is in his lease, the Mngt Co. has no right to alter it. The AGM could be used to make amendments to house rules, company rules, etc but not (afaik) an individual's lease.