Communal Fees from empty property with Deeds still with the Developer
Posted: 12 Dec 2020 18:43
Nigel
I wonder if you or anyone in the forum can assist with aproblem we have with one proerty in our complex of nine town houses with communal pool and walkways etc. All the current owners pay their fees annually which in our case as all the houses are same size ie. two bed town houses. However one house in the complex has been empty since we purchased our property and apparently the buyers 'gave back the keys. and have never been back since. The property meanwhile has gone into a state of disrepair and resulting in chunks of concrete falling of a balcony one night a few weeks ago. The pieces fell inside the popertys garden so didn't injure anyone thankfully, however I am aware the original buyer hasn't obtained the Deeds and that the developer may be responsible to make the property safe. I consequently called the developer and he did confirm the Deeds were not purchased however it is still the original buyers responsibility to keep the building maintained, even though he hasn't been seen for at least six or so years and nobody knows his whereabouts or even has any contact details.
Also I might add that with regards to the annual maintenance fees for communal areas, pool fees, buildings and public liability insurances etc. is paid for by the other eight owners, who also chip in an extra ninth to include the empty property as these cannot be split individually. Consequently the complex fees account for the empty property currently stands around €6K in arrears which we are hoping one day to get some of this back when the property is sold to new owners.
So in summarry my questions are:-
1. With the Deeds not purchased for this one last property is developer responsible to ensure the property is in a safe condition?
2. The developer won't advise who purchased the property originally so we could make an attempt to find them ourselves, is he legally permitted to withhold this information?
3. Some of the other owners who met the original buyer when the properties were new were under the impression there was a mortgage on the property from one of the Banks, however the developer is insistent there is no mortgage or loan against the property. Can we confirm by getting a copy of the Land registry info to see who has an interest, if anyone?
4. Can we make a claim against whoever is deemed to own the property whenever it is sold for unpaid communal and maintenance fees, as previously mentioned currently €6K, or at least partial payment for items like Buildings and Public Liability Insurance etc. the remaining owners have paid extra to cover the empty property?
Regards
JohnTB
I wonder if you or anyone in the forum can assist with aproblem we have with one proerty in our complex of nine town houses with communal pool and walkways etc. All the current owners pay their fees annually which in our case as all the houses are same size ie. two bed town houses. However one house in the complex has been empty since we purchased our property and apparently the buyers 'gave back the keys. and have never been back since. The property meanwhile has gone into a state of disrepair and resulting in chunks of concrete falling of a balcony one night a few weeks ago. The pieces fell inside the popertys garden so didn't injure anyone thankfully, however I am aware the original buyer hasn't obtained the Deeds and that the developer may be responsible to make the property safe. I consequently called the developer and he did confirm the Deeds were not purchased however it is still the original buyers responsibility to keep the building maintained, even though he hasn't been seen for at least six or so years and nobody knows his whereabouts or even has any contact details.
Also I might add that with regards to the annual maintenance fees for communal areas, pool fees, buildings and public liability insurances etc. is paid for by the other eight owners, who also chip in an extra ninth to include the empty property as these cannot be split individually. Consequently the complex fees account for the empty property currently stands around €6K in arrears which we are hoping one day to get some of this back when the property is sold to new owners.
So in summarry my questions are:-
1. With the Deeds not purchased for this one last property is developer responsible to ensure the property is in a safe condition?
2. The developer won't advise who purchased the property originally so we could make an attempt to find them ourselves, is he legally permitted to withhold this information?
3. Some of the other owners who met the original buyer when the properties were new were under the impression there was a mortgage on the property from one of the Banks, however the developer is insistent there is no mortgage or loan against the property. Can we confirm by getting a copy of the Land registry info to see who has an interest, if anyone?
4. Can we make a claim against whoever is deemed to own the property whenever it is sold for unpaid communal and maintenance fees, as previously mentioned currently €6K, or at least partial payment for items like Buildings and Public Liability Insurance etc. the remaining owners have paid extra to cover the empty property?
Regards
JohnTB