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Freehold services charges - what are my rights?
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We have recently moved into a new development - large developer but he is running massively over on site - site will be 49 houses and 11 apartments but still a way off - e moved in Feb 2017.
We were aware that there would be a managing agent for communal and unadopted areas and paid an initial contribution at completion - no ground works etc have been done since e moved in and we only got limited street lighting December 2017 - site not likely to be completed until Summer 2018.
We have had several requests from the managing agents for service charge and the residents have met with them and asked:
1. Copies of accounts - draft copies issued this week backdated to October 2016
2. Copies only sent to a few residents and not all despite agent having all occupier details
3. Developer in a separate email about drains has advised as of 07/03/18 site not yet handed to agent and developer still liable
If item 3 is correct then surely:
1. Managing agent can create scheme etc but any charges for set up for period up to developer formally handing over should be attributable and re-charged to the developer.
2. Any funds received by the managing agents from occupiers at practical completion of their homes should be held as reserve funds and only drawn upon for any works/fees occurred post handover
Befor I start challenging anyone can anyone offer any opion. We are not wanting to withold any payments for legitimate fees/costs incurred but do feel that if the site has not yet been handed to the developer then we shoujd not pay until done so.0
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