Help please Elko! (swimming pool communal)

biglugs


Joined: 02/10/2008
Posts: 157

Message Posted:
28/05/2009 14:38

just had a very nice email from the wife of the favourite estate agents here,the pool is unusable to to lack of water,they manage the maintanance,i have withheld my monthly fee,due to not being able to use the pool.Now i get the threat of withholding my deeds (Mrs estate agent has them) this can be right!!!!!!!

tarry67


Joined: 16/05/2008
Posts: 1053

Message Posted:
28/05/2009 15:15

Why would they be holding your deeds it is nothing to do with them. Your solicitor should be the only person handing you the deeds. Why dont you form a commitee on site and sack the maintanance company and then employ another one at a cheaper cost. Has everyone refused to pay or just yourself.

Hayran


Joined: 12/03/2009
Posts: 74

Message Posted:
28/05/2009 15:18

Hello Mrs Horsford - I have not made any threats as you well know and you have not actually been in touch with me personally. Your lawyer sent me a very blunt e-mail informing me that you WILL now be taking care of the communal pool at Ozankoy and that all homeowners have agreed this. However this is not true as you well know because my sister owns two of those villa's and she has not agreed to you maintaining the pool. But I did inform your lawyer that you are free to maintain the pool if you wish but not to expect maintenance charges from homeowners who have not entered into an agreement with you which I feel is a fair comment.

Whenever you have had problems at the property in the past you have always contacted me and I have helped immediately, therefore, I am somewhat surprised to hear from your lawyer and now a public message on this forum.

When asking for help from Elko, please ensure to supply all the information rather than just the bits that suit you.

Hayran

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
28/05/2009 18:28

This case again shows that we need a more detailed law about maintenance. The current law deals with apartment blocks but it can be argued that it can be applied to housing sites too. Even if it is so, only the title deed owners can set up an official mangement team. In most cases you have the keys but not the title deeds. Presumably those who have the keys have to foot the bill for the expenses but who has a say in the management? This is a grey area and many judges and lawyers will shy away from the problem. Its best to sit down and settle it amicably, otherwise it will be chaos and don't expect the courts to solve it for you without the proper legistlation in place.



A few weeks ago we read in the papers about the developer cutting off water and blocking the sewage pipes of non payers and the affected houes got an injunction against the developer but he had already blocked the sewages. I do not know the end result but sure enough it was a messy business.

ismet

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
28/05/2009 18:33

Sorry, I forgot to address the original question. Title deeds are transferred to the buyers by the title deed owners i.e. by those who have the property registered in their names and not those who happen to possess the papers, be it the estate agent or the advocate unles they also have a valid Power of Attorney. In any case, Specific Performance Law stops you sueing for title deeds if they are not transferred, you can only sue for damages and compensation.

My contention is that the Specific Performance Law is not applicable in the case of off plan sales i.e. when the title deeds are not ready for transfer when the contract was signed but most lawyers and judges do not agree with me. As they say, the boss is not always right but the boss is always the boss and what he says counts.

ismet

biglugs


Joined: 02/10/2008
Posts: 157

Message Posted:
28/05/2009 18:39

Dear Hayran, I'm sorry its come to this and you right, that last year I contacted you and every request was dealt with, however, this year I have had problems with my computer and it has been in for repair for a good few weeks, but we have been asking in your office together with the residents on No. 1 and No. 4 for water to be supplied, it is now 28th May and we still cannot use the pool. Last year we were on our own, this year we have the other residents and we have had to take on board their requests. At the end of the day Hayran, all well want is a pool we can use. We do not want to go down any legal avenue, we are happy here in the house, but we want to use the pool, what will you do?

Hayran


Joined: 12/03/2009
Posts: 74

Message Posted:
29/05/2009 11:31

Alison, I will happily assist you if you make direct contact with me, which as you have said has always worked in the past and will continue to work if I am made aware of any problems immediately. We have found a new pool company who are ready to start taking care of the pool, however, we need to be sure that you and the owner of No. 1 are prepared for us to start the maintenance with the new pool company or are you still determined to maintain the pool yourself?

Unfortunately I have been off work sick for the past 2 weeks, therefore, I was not aware that you had made contact with our office, but I am back and I assure you that things will and can be resolved.

Please e-mail me.

Hayran

sienna


Joined: 09/01/2009
Posts: 1627

Message Posted:
29/05/2009 11:51

Elko Message 4 do you think there ever will be proper legislation and what happens if there is no way to settle amicabaly no matter how hard you try

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
29/05/2009 12:44

Sienna,

In the last resort you have to go to court and this time the judge will try to moderate and the advocates will persuade you to compromise by making both sides pay at each appearence in court. Once it dawns on both sides that the only winners are the advocates, they will compromise. (I am glad my wife is not reading this)

ismet

sienna


Joined: 09/01/2009
Posts: 1627

Message Posted:
29/05/2009 13:15

Thank you, that said if there were proper legilsation ie contracts for Maintenance Companies to adhere too it would solve the issues in the first instance.



Unfortunately most, not all, do not conduct themselves in the proper manner and try to override owners rights and make as much money as they can from us all without transparency or accountability.