https://www.irishtimes.com/news/higgins-backs-service-charge-ruling-1.1017958
U must check your lease.
I attach report of decision of the circuit court on 17 Oct 06 dismissing claim of Tyrellstown Number 4 Management Company for service charge arrears because under the LEASES it was the Developer/Lessor who was entitled to receipt of service charges until the common areas were transferred to the management company.
The common areas had not been transferred to the man.co.
The management companies claim was DISMISSED.
The MUD Act was passed on 1 4 11 obliging developer (as defined therein) to transfer the common areas to the OMC by 30 9 11 which did not relieve the developer from a continuing obligation to complete the estate in accordance with the planning permission (eg transfer public open space and site for social housing to the county council ) AND Building Regulations.
Neither has been done in many estate as banks appointed receiver and liquidators. That developer is insolvent bankrupt or in receiver ship is neither here nor there the question is who is entitled to invoice u for service charge AND what service charge can be levied under the MUD Act. .
The management company is not entitled to invoice for service and works that are the responsibility of the developer UNDER THE LEASE unless the developer has transferred the relevant part of the common areas to the management company S18.7 MUD Act even if under the lease the management company is entitled to receive the service charges.
CHECK YOUR LEASE. Is it developer/Lessor who is entitled to receipt of s charge until common area transferred to management company?
What service is the Lessor/Developer responsible for under the lease .. Insurance cost/ Professional Fees for accountancy legal, managing agents for management company cannot levy s charge for these expenses until common areas are transferred to the OMC and neither can the developer.
U have Managing AGENT ( not even the management company and certainly not the developer ) cutting of your electricity supply for non payment of service charge that may not even be owing and interfering with your contract with your electricity supplier .. unbelievable.