Employing a Maintenance company without having a Management committee

Questions about living in properties with shared/common facilities
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Employing a Maintenance company without having a Management committee

Post by Cobweb » 01 Sep 2017 16:07

Good afternoon, we are a group of owners of a small complex (9 units) that wish to take on a Property Management company to look after our complex that is currently badly maintained by the developer. Having read Louise Zambartas' article it appears we need 75% of owners to agree to form a Management committee. Do we have to form a committee to change providers or can we (5 sets of owners and 1 tenant) go ahead without this? Our problem in trying to obtain 75% is that 2 of the units owners have handed their keys back to the developers (who now have tenants in place - 1 of which is happy to have the complex management taken away from the developers), we are not currently in touch with the other tenant as they are new. The other 2 remaining units are owned by the same person who has previously said that they're not willing to contribute to the communal costs as they keep their own area clean - although we think they may pay if pressed by a new Property Management company or, if necessary, a solicitors letter. Can you offer any advice? Thank you.

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Re: Employing a Maintenance company without having a Management committee

Post by Nigel Howarth » 01 Sep 2017 17:34

Good afternoon Cobweb

I think you may have misunderstood/misread Louise Zambartas' article. If your complex has shared/common facilities then you must (by law) have a Management Committee. (The 75% you refer to is if you wish to make changes to the 'standard' Regulations that are contained within the law - a copy of which you may download by clicking here.)

In addition to the general upkeep maintenance, repairs and implementing the Regulations, the Management Committee is responsible for insuring and keeping insured the jointly-owned building against fire, lightning and earthquake with a licensed insurance company and to pay the premium. For more information regarding insurance - click here.

Once established the Management Committee (minimum members 1 ) can engage the services of a company to carry out maintenance, repairs, etc.

(Note that is any owner fails contribute their share of the expenses incurred, which is based on the relative size of their property to others in the jointly-owned building, the Management Committee can take them to court to secure a judgement against them that can include court costs and legal expenses).


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