Chamonix Estate Management Contract with New Builds That do Nothing!

DD1A

not sure if this is posted in the correct area but please advise if not,

Purchased a new build over 2nd half years ago which has a contract tied in with the purchase of the home which everyone has and pays towards their front flower beds to be maintained (which is not on our deeds) and the parking area which we all use.

They have done less that 2 days work on our flower bed the whole time we have lived here, they spend all the time the days they are in our estate practically in their van doing no work. I have brought the matter to their attention a few times by email with photos of plants heavily overgrown in our bed and neighbours beds and also leaves gathering in car ports etc.

I paid them for the first year but refused to pay anything after as i was asking questions about works not being carried out and so little was done the previous year and requested pricing to be looked into if it could be altered etc to compensate but I have never had a reasonable reply about the matters other than letters through the door demanding outstanding moneys and they will take legal action etc.
I am not the only member who has this attitude either. The company hosted a meeting in the local village hall over half a year ago and quite a few of the residents of the area who attended wanted them not to manage the flower beds and lowered fees and complaining about little works done and feeling like we're being taken for a ride. they basically finished the meeting with they will find out info regarding the ownership of the front gardens, send us all write ups (minutes) of the meetings which i never received and keep us posted.

I have heard nothing since receiving the letter the other day which was again a bill threatening to take action within 14 days if the outstanding is not paid.

Can anyone offer any advice on this matter as we feel like we are summons by them to pay their high premium and they do virtually nothing and they can just get away with it!
Many thanks

DD1A

Have I posted this in the correct place?

Slithery

Yes, but you'll probably have more answers if you edit your first post and add paragraphs. A lot of people won't bother reading posts made up of a wall of text.

NeilCr

Do you, as a group of residents, own the freehold of your estate or is there a a separate freeholder?

Is your house freehold or leasehold?

Mickygg

I had a similar issue years ago. I was paying something like £15 a month for the management company to cut a bit of grass and do my front garden, which they only ever did once or twice over many years.
I did also hold the payments back, but all this did was cause resentment and like you letters chasing the outstanding balance. I was literally getting no where. Then I got a letter saying they were doubling the fee.
That was enough for me so I sold, and then vowed to never buy a house with management/resident/maintenance charges ever again.

It is common paying charges and not much happening for the charges.

How much are you talking about to put into context? For a small amount I wouldn't go to court, but grudgingly pay say half of what is owed and then in writing express your concern again saying you want the minutes and the actions from the meeting to be acted upon, once you have satisfactory responses you will happily pay over the remainder.

Either that or get legal advice.

DD1A

NeilCr wrote: »

Do you, as a group of residents, own the freehold of your estate or is there a a separate freeholder?

Is your house freehold or leasehold?

all properties are free hold im unsure about the parking area and our front gardens. when we had the meeting the estate management were saying that the land and highways do not technically belong or no one has taken ownership as of yet and waiting to be transferred or something.

they should have sent us the minutes of the meeting and i would know exactly what was said but have not received anything since that meeting.

DD1A

Mickygg wrote: »

I had a similar issue years ago. I was paying something like £15 a month for the management company to cut a bit of grass and do my front garden, which they only ever did once or twice over many years.
I did also hold the payments back, but all this did was cause resentment and like you letters chasing the outstanding balance. I was literally getting no where. Then I got a letter saying they were doubling the fee.
That was enough for me so I sold, and then vowed to never buy a house with management/resident/maintenance charges ever again.

It is common paying charges and not much happening for the charges.

How much are you talking about to put into context? For a small amount I wouldn't go to court, but grudgingly pay say half of what is owed and then in writing express your concern again saying you want the minutes and the actions from the meeting to be acted upon, once you have satisfactory responses you will happily pay over the remainder.

Either that or get legal advice.

It is roughly £200 a year.

that a fair comment regarding paying half. but i have already paid a year asking questions but getting no answers i have put it in writing that i am not paying until getting something in return ie a reduced rate/discount for the following year anything really but get nothing other than the demand payment letters with an invoice enclosed.

NeilCr

DD1A wrote: »

all free hold. when we had the meeting the estate management were saying that the land and highways do not technically belong to anyone as of yet and waiting to be transferred or something.

they should have sent us the minutes of the meeting and i would know exactly what was said but have not received anything since that meeting.

IF you as a group of residents own the freehold of the estate then the management company work for you. Do you know if there is a group of directors made up of some of the residents?

DD1A

all our properties are freehold, the land out the front of our homes (flower bed) have not been taken ownership by anyone as of yet same as the roads around here apparently this is what we was told at the meeting

[Deleted User]

Sounds to me like you all need to have a meeting, discuss what happened when the original agreement was put in place. Find all the information you have collectively as it all seems rather vague, which isn't helpful for you all.

What paperwork do you have (like documents regarding any contracts when you purchased the property). I see you say you don't have something but there must be something somewhere otherwise they wouldn't be able to demand payment for the work - perhaps its worth contacting whoever built the estate to find out what agreement was set up.

It might be worth you all putting a tenner into a pot and seeking the advice of a specialist solicitor and showing them any documents you have (hopefully someone in the village has something useful if you don't).

You could also look up the name of the company that does the work and seeing if they have an official complaints procedure.., and even asking them for a copy of the contract/agreement. You might get lucky.

NeilCr

I was going to say the same as deannatrois that your information is vague and that you may want to get together with other residents to present a united front

Someone owns the freehold of the other bits (flower beds and parking etc) - possibly the builders - and someone has appointed these managing agents. And yes there should be something in your deeds/paperwork.

£200 a year isn’t a huge amount. Could they be putting some of it away into a sinking fund in case work needs doing on the car parking area (do you have gates?) or the roads.

I am not an expert on this area (I am sure someone with more knowledge will come along) but I think I’ve read here that freeholders in this situation have less rights than leaseholders (see link below now). One thing you could all consider is seeing if you can, yourselves, obtain the freehold of the other parts -then you would be in a position to set the charges.

Personally, I think you should pay. I understand your stance (although I am not sure you are fully informed). I am a director of our estate and non payers of service charges were once the bane of our lives. The cost of the letters being sent out to you - and the time of the management company - could end up in everyone’s service charges being raised as they will be passed on. And it may be in your paperwork that you do have to pay.

But, also, work with other residents as opposed to by yourself.

ETA

This may well be of help

http://arma.org.uk/downloader/f15/2014-07_ARMA_Advice_Note_-_Freehold_Houses_in_Estates_V01.pdf