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Old 7th April 2014, 08:06   #1 (permalink)
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chasing maintenance payments

good morning all

After owning property for 5 years , still without habitation, we consistently have other owners who do not pay any maintenance fees for the running of the site.

those of us who have paid every year have had enough and are looking to get a solicitor to send out enforcement letters (if this is the right term to use).

What I would be interested to know is , has anyone else been down this route and what was the outcome.

Also Any other advice re non payers would be appreciated

Regards

Eve
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Old 7th April 2014, 15:40   #2 (permalink)
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Re: chasing maintenance payments

We have had a court case for about 5 years now on one owner not paying. Do not know when case will reach court.
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Old 7th April 2014, 19:03   #3 (permalink)
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Re: chasing maintenance payments

Hi Eve

How many properties are on your site, how many are unsold.....do you know if the Builder/Developer is paying if there are any unsold properties.

I refused to pay any site fees until I had the Tapu in my name......they wanted me to pay from placing my deposit......9 months difference until completion.

You do not have to pay fees if the property is not registered in your name. My solicitor confirmed this was the case and the fees became liable to me once the keys and tapu were handed over to me.

You can go to the Tapu office and get a list of owners and compare this with site registry.

We had problems not knowing who owned what, once we established the facts we employed a Solicitor and forced numerous owners to pay and we also recovered past debt by forcing sale of properties.....not a nice thing to do.....but it had to be done.

I believe the cost of recovery was around 6% in legal fees.....value for money and demonstrates a no nonsense approach to slow payers.
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Old 7th April 2014, 20:20   #4 (permalink)
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Re: chasing maintenance payments

[QUOTE=the bueman;909161
"You can go to the Tapu office and get a list of owners and compare this with site registry"

That was a good result Mr Bueman and good value for money if it was 6% of the amount recouped. I am interested in your statement about going to the TAPU office and getting a list of owners- I tried that last October but was refused and told that I would need a solicitor to apply for the details of owners on the complex.. However I am reliably informed that there should be a list of owners names on the complex's noticeboard. Indeed apparently the site management can be fined if this not made available and accessible.Is that your understanding as well ?
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Old 7th April 2014, 21:09   #5 (permalink)
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Re: chasing maintenance payments

Hi Sybil

Not sure about displaying the list of owners on notice board....a Solicitor or BOM's can apply for Tapu list, Auditor was also mentioned in the equation as they have the right to examine all aspects of the accounts.
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Old 7th April 2014, 21:13   #6 (permalink)
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Re: chasing maintenance payments

I believe there is supposed to be a list of owners contact details in the site book or log, this is supposed to be available on site but this is often not what actually happens.
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Old 7th April 2014, 21:58   #7 (permalink)
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Re: chasing maintenance payments

Hi Eve,

sorry to hear of your troubles but who is in charge of the property management, is there a properly elected board and blue book with riules etc. In this set of rules it should be set down that each owner (those named on the tapu relating to the property) who do not pay up in time have an interest charge attached to their bill automatically and then you lodge the lien against the property so if ever sold or transferred the bill must be paid. If it becomes too large the property can be sold.

There should be a list of all owners (named on tapu) and email or phone contact through the chair etc.

Let us know how you get on.

If you still have not got your tapu then are you still on builders electric/water?
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Old 7th April 2014, 22:45   #8 (permalink)
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Re: chasing maintenance payments

we have our tapu's just not the habitation , we all have our own electricity , not sure about the water . we had management company running the site , but they were voted out at an EGM and now we have a manager and 2 inspectors (all owners) . all owners were given up to end of March to pay this years maintenance , but over half haven;t paid. Some of these are unsold properties and the builder is no longer in business.

To be honest it is a beautiful site but this continuous non paying of funds , is taking its toll on the ones that do.

I wanted to gauge the way forward by using other's experiences and so far the response has been very helpful .

thankyou all
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Old 8th April 2014, 11:20   #9 (permalink)
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Re: chasing maintenance payments

Hi Eve

Do not wish to make the situation any more complicated for you, the fact that the builder has gone and you have no Hab Certs could mean that tax and duty is unpaid and one of the main reasons why a council will not issue Hab Certs.

Start the ball rolling, insist on the manager doing his job, his role is set out in Condo Law.....paying the bills and getting in payments is part of his role.....then hire a solicitor and strike a deal to recover the debt.....6% to him for his services would be a good ball park figure to work on.
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Old 8th April 2014, 12:25   #10 (permalink)
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Re: chasing maintenance payments

This is the extract from Article 20 which gives the manager authority and sets out the level of interest
Quote:
Legal action and execution proceedings may be taken
against condominium owners who fail to pay their share of expenses and advance payments,
by each condominium owner or by the manager, according to the management plan, this law
and general legislation. Condominium owner who did not pay all of his expenditure or
advance share is liable to pay delay compensation calculated by monthly five percent delay
interest for the delayed days.(1)
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