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Re: Finding owner of niegbouring property

Posted: 13 Feb 2019 14:05
by Nigel Howarth
Hi Monman

Yes - you can ask to see the insurance policy.

Regards,

Re: Finding owner of niegbouring property

Posted: 15 Feb 2019 11:28
by Monman
Hi Nigel

I have written to the committee asking them to find out who the owner and inform them that the property will be entered to carry out emergency repairs
and also send me a copy of the insurance.They have refered me to the Management company.,is this then the correct coarse of action ?

Here the Commitee reply

Hi
It would seem you have a problem that cannot be solved. As you know the remit voted for is that the voluntary duties of the committee on behalf of the owners who pay their fees is for communal matters only including facilities, external structures and communal maintenance. We do not have the authority to enter any ones property. You have the right through David Wilson to carry out work on your problem at your expense. We feel that this matter is now closed as far as we are concerned. We feel that the maintenance agreement stipulates clearly the owners and the committees duties so we do not understand your persistence in contacting us.
Regards The Committee
Best
Monman

Re: Finding owner of niegbouring property

Posted: 15 Feb 2019 15:03
by Pantheman
Monman wrote:
15 Feb 2019 11:28
Hi Nigel

I have written to the committee asking them to find out who the owner and inform them that the property will be entered to carry out emergency repairs
and also send me a copy of the insurance.They have refered me to the Management company.,is this then the correct coarse of action ?

Here the Commitee reply

Hi
It would seem you have a problem that cannot be solved. As you know the remit voted for is that the voluntary duties of the committee on behalf of the owners who pay their fees is for communal matters only including facilities, external structures and communal maintenance. We do not have the authority to enter any ones property. You have the right through David Wilson to carry out work on your problem at your expense. We feel that this matter is now closed as far as we are concerned. We feel that the maintenance agreement stipulates clearly the owners and the committees duties so we do not understand your persistence in contacting us.
Regards The Committee
Best
Monman
If the said apartment is vacant and the owners have absconded, just get a locksmith to let you in, go do you repairs, and then lock up. Anyone who has a problem with that can go whistle. I doubt anything will come of it and you are well within your rights to get the repairs done IMHO.

Re: Finding owner of niegbouring property

Posted: 15 Feb 2019 17:37
by Nigel Howarth
Just to add to what Pantheman has said:
  • Your Management Committee cannot shirk their responsibilities by offloading them onto someone else. It is their responsibility to liaise with the Management Company on your behalf.
  • Any maintenance agreement your Management Committee has with the Management Company cannot override the law.
According to the law, as I advised earlier:

9 Every owner is obliged to:

(a) Allow the Management Committee and its representatives at reasonable times and after giving notice – provided that no notice is required for urgent casesto enter his unit in order to inspect, maintain, repair or replace pipes, wires, cables and ducts of the unit which may be used in relation to the enjoyment of any other unit or jointly-owned property or for maintenance or repair or in order to secure compliance with these Regulations;"


(See page 16 of the English translation of the relevant law.)

Regards,

Re: Finding owner of niegbouring property

Posted: 16 Feb 2019 11:21
by Monman
Thankyou Nigel & Pantherman
Best Regards
Monman

Re: Finding owner of niegbouring property

Posted: 28 Feb 2019 12:45
by Monman
Hello
further to our Post Re Damge to my property.It appears that the damge may be caused by a defect in the Storm Water drainage sytem which is "embeded" in the veranda floor and susequently rund in to the main drainage system which is all "embeded in the communal suppoting walls.
If the drianage system is faulty is this a "communal insurance" storm water problem ?
Regards
Barry Shattock

Re: Finding owner of niegbouring property

Posted: 28 Feb 2019 18:58
by Nigel Howarth
Hi Barry

If the problem is caused by a defect causing the escape of water from a pipe, it will be covered by the communal insurance if the Management Committee has insured the building for optional items I listed earlier.

Regards,

Re: Finding owner of niegbouring property

Posted: 28 Feb 2019 19:49
by Monman
Hi
On the Policy states
Fire and Lighting, Explosion, Storm and Tempest, Flood,
Aircraft Collision, Impact, Bursting of Pipes, Riot and Strikes,
Malicious Damage, Earthquake or Volcanic Eruption.

I suppose it is debatable wether a defect in a drainage "pipe" in wht maybe supporting wall could be definde as Bursting of Pipes

Regards
Monman

Re: Finding owner of niegbouring property

Posted: 01 Mar 2019 01:05
by Nigel Howarth
Bursting of Pipes looks good to me - or Flood.

Regards,

Re: Finding owner of niegbouring property

Posted: 01 Mar 2019 09:22
by Monman
Thanks
I am not going down without a fight !!
Regards
Monman

Re: Finding owner of niegbouring property

Posted: 09 Apr 2019 12:52
by Monman
Hi
Can someone explain why (in a Complex ) a Veranda which is also the "Roof or Ceiling" of a property below is not defined as communal property ?
The structure is "shared" by both owners
Regards
Monman

Re: Finding owner of niegbouring property

Posted: 09 Apr 2019 20:43
by Nigel Howarth
Communal property is owned by everyone, whereas the floor of the apartment above and the ceiling of the apartment below are shared between the owners of those apartments (like party walls).

Regards,