Transfer of Common Areas - Who Should Pay Legal Fees

WHAT'SFREE?

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Hopefully the title is fairly self-explanatory.

When a development is complete, all units sold, management company has owner occupier directors & no issues outstanding with the developer and MC looking for common areas to be transferred from the developer to members, who should be liable for the (approximate €2k) legal fees in effecting same?

Management Company or Developer?
 
This seems to be a conveyance.
I expect that there will be legal fees arising for both parties.
The Development Company is one party and the Management Company is the other party.

There should be money set aside for this by the Management Company.
At this late stage they should have set up funds for; -

  • legal fees
  • replacing depreciated services like the heating system and lifts
  • running repairs to fire doors, fire detection and alarm systems and security alarm systems
- and so on.

ONQ.

All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent legal and business professionals should be asked to advise in Real Life with rights to inspect and issue reports on the matters at hand.
 
In general in these developments the developer will give an undertaking to transfer the common areas to the management company from the outset. Therefore I would expect the developer to pay the costs of this transfer or conveyance.

There should be no legal fees for the management company.
 
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