Refund of extra maintenance fee charge on sale of flat

karcher

My flat has been on the market for some years. I have recently agreed a sale and due to complete in the new year.

A committee run the maintenance of the flats and about 2 years ago they decided a new roof might be needed in the future (10 years plus). They obtained quotes then decided that the current owners needed to pay an extra maintenance fee in order to save for the new roof which may be needed in the future!

Whilst I disagreed with this, firstly because my flat was on the market, secondly many of the residents are elderly and unlikely to live long enough to see a new roof installed, but as they are elderly, many of the other owners have just paid up.

My question is, as I have paid the extra fee, totalling a few thousand pounds, and my sale is now going through, am I entitled to a refund of this extra/excess payment which was over and above the annual maintenance fee.

Thank you.

Pete9501

Doubtful as it will be held in a reserve fund for a new roof and each property will have a liability to pay this. You can however use it to your advantage if the problem of the roof comes up then you can say that everything is in order and a reserve fund is being properly managed to cover this expenditure as we did.

What do your convenants and lease say? or the Table A if there is a limited company responisble for managing the properties.

Pete

Hoploz

I looked at this recently. It seems you can't claim it back from the management company - after all if everybody was to do that the sinking fund would never be built up. But you can ask your buyer to make you a contribution as they would potentially get the benefit without having paid for it. But this is all just gentlemen's agreement type thing. You re not 'entitled' to it but you can ask them if they're willing.

karcher

Hindsight is a wonderful thing and I wish I hadn't paid it.

The 'management' of the flats is run by a resident who is something of a dictator and a bully. As I said, they are mainly elderly residents who won't rock the boat and will probably no longer be around when a new roof is really required. As to whether all the money goes where it should is open to debate.

Thank you both for your replies.

G_M

If you had notpaid it, the management company would have been within their rights to inform your buyers of the unpaid bill. Doubtless the buyers would have insisted either that you pay, or that the purchase price be reduced accordingly.

What's more, the Manco might well have scuppered the sale completely by refusing to respond to the buyer's enquiries until the bill was paid.

As for a refund - no. The charge was (apparantly) correctly levied so must be paid.

you could, of course, have increased the sale price by an amount equivellent to the finincial benefit your buyers will receive.

karcher

G_M wrote: »

If you had notpaid it, the management company would have been within their rights to inform your buyers of the unpaid bill. Doubtless the buyers would have insisted either that you pay, or that the purchase price be reduced accordingly.

What's more, the Manco might well have scuppered the sale completely by refusing to respond to the buyer's enquiries until the bill was paid.

As for a refund - no. The charge was (apparantly) correctly levied so must be paid.

you could, of course, have increased the sale price by an amount equivellent to the finincial benefit your buyers will receive.

That's debatable.

ETA there is no management company, just an owner with ideas above his station, siphoning money here and there I suspect!

Thank you for your reply.

I just wanted to be check before the sale goes through.

I just hope the new roof goes on before the majority of owners, who paid for it many years in advance, die.

G_M

As for a refund - no. The charge was (apparantly) correctly levied so must be paid.

karcher wrote: »

That's debatable.

Not debatable at all. Clearly from the information you provided it was apparantly correctly levied.

However the information you gave was limited hence the hedging.

ETA there is no management company, just an owner with ideas above his station, siphoning money here and there I suspect!

Not quite sure how this accords with your OP either:

A committee run the maintenance of the flats and about 2 years ago they decided......