do owners have any say in who maintains there site

bazzagirl


Joined: 09/05/2010
Posts: 525

Message Posted:
04/09/2010 21:04

I have owned my property for 3 years now, and contrary to my contract i have never had any say in who maintains the site that my property is on. I do not approve of either of the companies employed to look after the site, the gardens are not watered and all the plants are dying, the pool is alledgedly cleaned once a week , but the water quality should be checked daily and recorded for health and hygiene reasons. We have water shortages all the time and some facilities that were stated in our contract to be finished by February 2008, have not even been started. We have n ver been told that these are the most competively priced or even if it has been put out to tender, has anyone had the same problems??

fosterscan


Joined: 27/02/2010
Posts: 541

Message Posted:
04/09/2010 21:51

More info please who organises the maintenance sounds like the builder to me.How many properties on the site ? are any properties lived in full time ?does it say in your contract how long the builder or whoever will run the maintenance. Can you get the emails for the other owners they may feel the same as you.you will probably find most complexes have had this problem.

bazzagirl


Joined: 09/05/2010
Posts: 525

Message Posted:
04/09/2010 22:19

thanx fosterscan, our contract was for the first year with the builder, but he appointed another company for the second year even though our contract said one year and then we had a say in who maintained the site , and a self appointed committee apparently have given them the contract for another year and as far as we know it has never been put out to tender, we have never been consulted i n respect to who is to maintain the site, and at what cost. My husband who has been in business for more than 20 years has witheld payments because he feels this is not legal or right and we receive flack over this, our contract has not been adhered to and the people who are maintaining the site are in my opinion less than adequate. A lot of people are very concerned about the maintenance company but what action do we take, considering we have an unelected committee that seem to approve of them without any consultation with all owners on the site.

fosterscan


Joined: 27/02/2010
Posts: 541

Message Posted:
04/09/2010 22:40

i presume the committee are residents ? if so they should all want the same as you a well run cost effective site. maybe holding back all the payments is not the best idea at this stage you don't want to alienate yourselves , maybe hold some back but not all.you need to talk to the ring leader of the self appointed committee. make a list of the thing that are not being carried out properly like as you said the pool that should be done at least twice a week and ask them why.The committee should be giving you a breakdown on where your payments are going.

Lazy days


Joined: 24/07/2008
Posts: 847

Message Posted:
04/09/2010 23:13

bazzagirl it might be good for you to read the other thread running 'North cyprus property management' part 2, it will give you an insight into some of the problems

sienna


Joined: 09/01/2009
Posts: 1627

Message Posted:
04/09/2010 23:32

Oh dear here we go again. What site are u on bazzagirl?

Rocker



Joined: 24/09/2008
Posts: 384

Message Posted:
05/09/2010 07:36

re msg 4, non of the committee are resident on site, one lives in TRNc all the others the UK.

the butler


Joined: 22/06/2007
Posts: 1958

Message Posted:
05/09/2010 12:06

Hi bazzagirl,



Whilst I sympathise with you over your predicament, holding maintenance payments is not the thing to do. If you do this the other owners have to subsidise you and this will lead to ill feeling. No committee should be self appointed and this is illegal. Forming a committee is quite straight forward and should be voted in by all the owners on site. On our site we have a very strong committee and a fund managed management company who run the site for us. The site belongs to the owners and they should be telling the management company what needs to happen on a daily, weekly basis. The contract for managing the site should be put out to tender and you should specify what your key areas of expenditure will be. All accounts should be open for owners to see.



The butlers wife

bazzagirl


Joined: 09/05/2010
Posts: 525

Message Posted:
05/09/2010 12:19

thanks the butler, very helpful perhaps one solution would be to form an alternative committee to the unelected committee that we have at the moment. With regaards to the maintenance payments we are given to understand ( but but not 100% sure) as i have never seen the books, that the sum of £2000 has not been accounted for and the present main tenance company emailed my husband requesting i make my maintenancee payment to a UK bank accoubt or alternatively i could send a cheque or cash to a hotel in the UK, surely this could be mis-construed as money laundering what does anyone else think?

honestie


Joined: 22/02/2009
Posts: 468

Message Posted:
05/09/2010 12:24

spot on message 8



think we have spoken before re this and as you know there is legislation to take nonpayers to court.



whoever you have as a mamagemnet company runs the site for you its your site your commitee apponted with correct procedure and annual meetings and everyone has the budget and expenses to see and has a vote as to what is done .



what you have to b e careful of is certain problems that arent finished or not working properly are really the builders problems but if they arent put right it has to come out of a maintenance budget which the makes the annual payments more and people hen become unhappy.



Like the butlers wife I wouldnt withhold payments but would ask to see the books and finances

bazzagirl


Joined: 09/05/2010
Posts: 525

Message Posted:
05/09/2010 12:36

sorry honestie but what u have put is mostly irrelevant to my post. we dont have an elected committee and have never had any say in the appointment of the maintenance company, thats my main concern.

Bazzagirl

honestie


Joined: 22/02/2009
Posts: 468

Message Posted:
05/09/2010 12:49

well it should be relevent as you asked do owners have a say in who manages there site and the answer is yes as the butlers wife said no committee should be self appointed and when you have an appointed committee you then appoint and have a say in who runs the site that was my point in answering your question.



And you have the right to see all the finances concerned with it. But as there is also different opinions and different interpretation on laws I would get legal advise or I think theres even a topic on here under legal advise then you have the correct advise.



Sorry if it was irrelevent but thought it was pointing you in the right direction.



sometimes you feel as if youre going round in circles to get answers and some you get on here others Im afraid you may have to go and get the legal input .



hope you gert it sorted

bazzagirl


Joined: 09/05/2010
Posts: 525

Message Posted:
05/09/2010 13:16

Thanks for these very useful points honestie, these are really very helpful to me, sorry i misconstrued your earlier comments, im really grateful for the above information.

Regards bazzagirl

honestie


Joined: 22/02/2009
Posts: 468

Message Posted:
05/09/2010 13:36

im sure butlers wife has also a lot of info but if you need anymore email me I assure you I know the feeling





regards



honestie

CJtill


Joined: 02/05/2008
Posts: 836

Message Posted:
05/09/2010 13:46

The first step is to try and obtain the contact details of all the other owners and then express your concerns to them via email. Until you have this information you are in no position to change things for the better.

Its a lot of work, but once you have the info you are in a position to act.

Michael

honestie


Joined: 22/02/2009
Posts: 468

Message Posted:
05/09/2010 14:02

I also think if that cant be done as you say will be hard work if big site then a visit yo advocates and the correct legal advise which may mean if all is illegal a solicitors letter to whi is presently running it may help. May cost a consultation but not always a lot as I have used severla solicitors for differant thing as some better than others ndepending on what its for and the price frange for a consultation differs accordingly. As I say you then no from a legal point of view and how to set it up so as to conform to the law. We can advise but so you know correctly that is what I would do in the circs



as I say good luck

the butler


Joined: 22/06/2007
Posts: 1958

Message Posted:
05/09/2010 14:36

Bazzagirl,



I think I know who your management company are and if I am right in that they are FCC then there is nothing to worry about. The fact that you are being asked to send cheques to a hotel in England is not a problem and nothing underhand is going on. Why not pay direct into their bank account if you are still concerned about this?



The butlers wife

yogi1


Joined: 12/06/2009
Posts: 98

Message Posted:
05/09/2010 15:01

I live on a communal site and in my experience you cannot please everybody all of the time, the people who complain the most are always people who never attend meetings and are always behind in there service payments if they pay them at all, you seem to fall into that catorgory. Pay your dues then you can have a say and a vote

fosterscan


Joined: 27/02/2010
Posts: 541

Message Posted:
05/09/2010 15:23

Yogi1 i think that's a bit harsh they have lived there 3 years and payed there dues this year they want things to run better and they should be able to have a say on how its ran.