Chamonix Estate Management Contract with New Builds That do Nothing!

DD1A

deannatrois wrote: »

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.

I Have started reaching out to people around the estate just waiting for some response from them, I have been told by one of them already that they just pay it as they don’t want to get black listed. I just replied what about our rights?

I searched up Chamonix estates and yes they have a reputation online

I’ll have a dig through our paperwork from the house purchase and post what I find

DD1A

Chamonix Estates Limited

Chamonix Estates Limited

Chamonix Estates Limited

Chamonix Estates Limited

This above is what came through the door the other day.

I have attached a plan and key from our contract so you get an idea of what and who’s involved

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Untitled

There is nothing much there in terms of reserves hence the reason I’m kicking off about the lack of work they do for the high service charges and we all roughly pay the same and there is 9 of us in this courtyard section.

NeilCr

Well from that there are two areas of service charge. One for your Courtyard (which I assume is the flower beds) and a general one for the whole estate.

We work that way, too. The general estate one covers things like gates, fences, gardening of the whole site etc etc. As what you seem to know is quite vague it could well be worth asking the specific question of what the general estate service charge covers.

ETA.

Are you sure you own your house freehold? It’s just that your service charge Ts and cs mention leasehold. Might just be something generic I guess

DD1A

NeilCr wrote: »

Well from that there are two areas of service charge. One for your Courtyard (which I assume is the flower beds) and a general one for the whole estate.

We work that way, too. The general estate one covers things like gates, fences, gardening of the whole site etc etc. As what you seem to know is quite vague it could well be worth asking the specific question of what the general estate service charge covers.

I have just uploaded a load more data I got from our purchase documents
The courtyard bit is the hard and soft standing area in green and yellow on the plan, everyone obviously pays the same estate rate and then people pay their calculated courtyard fee.

The lighting in our courtyard since completion was off for way over a year which we have all paid for, everyone’s bushes were grown over their windows both years most neighbours in our courtyard which I’ve witnessed managed them theirs themselves. A couple refused to pay and I saw one day they came and chopped all the over growth down then a rep sweet talked them into paying again. Well I’m sorry I’m not that easily lead and they know that because they never knocked my door to talk to us but did everyone else.
Again they have only been once this year and attended the rest of the garden except ours my lady does ours as it just looks embarrassing if left to them to do. So really they don’t even touch ours as she’s does it but yet want me to pay for it.

Chamonix Estates Limited

Chamonix Estates Limited

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DD1A

I have photographed over the years of how our neighbours and our bed have been poorly maintained and over grown they get. All my communications with them have been done over email so I have paper trail.

I was going through my house contract and spotted this management arrangement section,

Untitled

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DD1A

I have just spoken to my legal advice rep and emailed chamonix to keep them notified of my actions so they don’t assume I’m ignoring the payments. I sent the following email

Hello,

I am notifying you that I am still withholding payment due to seeking legal advice regarding your poor service and lack of response to my questions earlier in the year that you have failed to sufficiently answer.

We attended the meeting at Kingsnorth School and was told that we would receive the minutes from the meeting which you failed to produce followed with the answers for the questions we asked that evening which you also failed on. I have nothing in writing for my record for this meeting just a voice memo that I recorded myself that night.

I recently noticed that your representative knocked our neighbours sharing courtyard 1 and they expressed their thought about your service (as I spoke to the neighbours afterwards) and avoided knocking my door.

I also witnessed a chamonix gardener attended the neighbours (no.15) garden and did not touch ours one bit a month ago or so.

Our flower bed gets so disgracefully overgrown and embarrassing due to you lack of attendance every since we have lived here we have had no choice to tidy and maintain it ourselves.

The courtyard also gets left with leaves and rubbish blown in everywhere and our carports I have to sweep it up every month and the lighting never worked in the courtyard for over a year but we still paid for that.

DD1A

Just received a response,

Further to the below, please provide photos of your unkempt garden in order for us to forward your complaint to the Chamonix Property Care team. I cannot see that you have sent any to date?

I can see that my colleague resent the minutes to you for your reference.

As explained at the residents meeting you contribute to the following within your service charge annual contribution;

Total due as a contribution towards service charge estimate for period 1st January – 31st December 2017 being £258.97 which is split as follows;

- £86.70 Courtyard 1 – which is for the following items as per the attached estimate; grounds maintenance, sundry minor repairs, contingencies, health and safety, electrical, electricity, public liability insurance audit and accountancy.
- £164.03 Estate Charges which is for the following items as per the attached estimate; grounds maintenance, sundry minor repairs, contingencies, health and safety, public liability insurance audit and accountancy, management fees and sundries.
- 0.65 Courtyard 1 general reserves – for items such as the eventual replacement of hard surfacing.
- £3.59 Estate general reserves – again for the eventual replacement of estate roads.
- £4.00 Courtyard 1 equipment reserves – for the eventual replacement of street lighting/bollards etc

You may recall at the meeting it was advised that Chamonix Estates were to investigate as to whether residents can potentially opt out of contributing towards front garden maintenance. This is still ongoing with the developers and the local council. We shall communicate to residents once this is clarified.

The current service charge estimate collects approximately £70.24 from each resident as a contribution for grounds maintenance for front gardens and estate areas. This is currently being reviewed whilst we prepare the service charge estimate for 1st January -31st December 2018.

When the property was sold a service charge estimate for maintenance would have been provided. At the time your solicitor would have been provided with the service charge estimate and a copy of the information sheet for the development which I believe is clear in setting out the management obligations in relation the estate.

I would also draw you attention to the attached Transfer and in particular to:

Definition of managed facilities

Third Schedule Clause 1 - covenant to pay maintenance on your part

Fourth Schedule - Covenants by Chamonix in respect of the maintenance of the estate

Any concerns such as the ones you have raised should have been dealt with before the property was bought.

In any event, all properties are bound to pay for the maintained areas and bespoke arrangements cannot be agreed post completion. There is an obligation on Taylor Wimpey to ensure all the Transfers contain the same mutual provisions.

If we released individual owners from the covenants under the Transfers then Chamonix Estates would be short of money and the managed areas on the estate would become unkempt and unsightly as there would be no maintenance funds in the kitty.

I can therefore confirm you will be obliged to contribute maintenance going forward as per the Transfer you have entered into and covenanted to do so.

I trust this clarifies your enquiry.

Do not hesitate to contact us should you have any further queries.

DD1A

They did not send us the minutes in the first place for them to be calling it resubmitted

They state that issues and concerns should have be brought up before property was purchased, well we didn’t know you was going to rip us off and do no work!

And going forward from the transfer you should be doing the job properly as we pay you to!

Chamonix Estates are clearly breaching the contract!

alliumlover

Can I ask if you have made any progress with Chamonix DD1A? We are in a similar situation to what you have described. Several years in and the service from them is poor at best, they never return phone calls, their grounds maintenance is shocking, attend as scheduled but the groundsmen sit in the van, eating and sleeping - one of my neighbours took a photograph of 1 of them sleeping mid morning and Chamonix did nothing about it! We have dead shrubs and the grass during the summer is overgrown and makes the area look unkempt. We have just formed a residents group, we have plenty of evidence, emails, notes of phone calls and photographs but Chamonix arrogant and clearly are not bothered. We are at the stage of having to take legal advice and cover the costs between us. Searching the internet and their are many forums and disgruntled people who are paying Chamonix for nothing and putting up with threats if we don't pay. If anyone has any idea how to pursue this, I'd be grateful.

DD1A

Nope not pad a penny they stil have done now works around here my neighbours front bushes have even grown above their kitchen window and they pay !!!!!!!
70-80% of residents here don!!!8217;t pay now from what I!!!8217;ve heard.
They did an opt out thing a few months back where you could choose for them to continue with you front garden works or not. This seems to have made them confused with the requests as I!!!8217;ve heard they don!!!8217;t know who!!!8217;s grass to mow, there was a couple of semis one opted out and the other didn!!!8217;t and they ended up mowing the persons that opted out
They are so Mickey Mouse and I will never pay them as they are in breach of contract and sure they will never escalate as they know they don!!!8217;t have a leg to stand on due to doing sod all work!