FAQ questions 16 - 21
The owners association made a decision at the recent meeting that I do not agree with. Am I bound by it?
The Deed of Conditions will lay down how different types of decision are to be made. However, if it was a proper decision made at a quorate meeting, within the terms of the Deeds, then you are, and are liable for your share of any related expenditure.
There is an item on my account for legal expenses for pursuing an owner who had not paid their bill. Surely that is the Factor's cost.
No. The owners are all liable for the costs incurred in terms of managing the development. Pursing non-payment is one such cost and has to be borne by all owners. Equally, the cost may be recoverable from the owner, in which case it would be refunded to the accounts.
The flat next door is let. Why should I have to live next door to "Tenants"?
Provided that there is no prohibition against letting in the Deed of Conditions or the Title Deeds, then an owner is entitled to let their property. However, the tenants must adhere to the rules under the Deeds, such as not causing noise, perhaps no pets etc, and it is up to the owner to ensure that they do so.
What if there is a prohibition?
Any owner or group of owners are entitled to raise an action against the offending owner.
My friend owns a cleaning company and I think that they would do a far better job of cleaning the block than the current contractor. Can I just tell them to take over?
It is not that simple. Most managing agent operate strict criteria for approved contractors and as such any potential contractor would have to comply with all of the requirements which include appropriate insurance and health and safety certificates.
Why is it other managers are cheaper?
Most managing agent will ensure clients get value for money. That is a priority. However repairs all have to be carried out properly and in accordance with Health and Safety. This can sometimes mean that it is more costly for basic items of maintenance such as the cleaning of windows and repairing gutters etc.
