Residents management company query?

Grumpy_chap

Thanks for the update - it is now clear that this has been a long time issue and was not evident (to me at least) from the OP.

If this has been an issue ever since the OP moved in 2 years ago, was the need for the works identified in the survey?  If not, why not?  Does that give any cause for redress?

What is the cost and more detailed nature of the drainage issue?  If it is roof drainage (guttering & downpipes) it may just be cheaper to pay to repair directly.  If it it shared foul drainage it may be the liability of the local sewage company.

NeilCr

It may well be that this one lady, as suggested earlier, is the only person prepared to be a director. OP - why not offer to take up a directorship yourself - then you will have some  direct control over the MA. Assuming you are an owner not a tenant

We are lucky as we have a number of willing directors. But there is always a balance between those residents who want work done and those who complain that the service charges are too high. Sometimes they are one and the same!

I still thinking approaching her is the next step. 

inspectorperez

It sounds on the face of it like one of those situations whereby for instance a tenant occupying a ground floor apartment feels unwilling to contribute through the management charge for roof repairs or lift maintenace because they are of no direct benefit to that person. As this has been going on for so long, I would examine my own situation over that period to ensure that I was comfortable with the information that I had provided the RMC with and that I had been clear with what I expected in terms of remedial action. Assuming that so far so good, then I would inform the RMC that I intended to appoint my own independent surveyor at my own cost for a report to be used for the purposes of moving this stalemate forward. I would also make clear that I would expect full reimbursement for surveyors fees in due course once the position had clarified that indeed the remedial works should be covered under the terms of the lease. Hopefully that will stir up the required solution. If not, then I think legal intervention would be your only recourse.

nick1234

Grumpy_chap said:

Thanks for the update - it is now clear that this has been a long time issue and was not evident (to me at least) from the OP.

If this has been an issue ever since the OP moved in 2 years ago, was the need for the works identified in the survey?  If not, why not?  Does that give any cause for redress?

What is the cost and more detailed nature of the drainage issue?  If it is roof drainage (guttering & downpipes) it may just be cheaper to pay to repair directly.  If it it shared foul drainage it may be the liability of the local sewage company.

hi as its a leasehold flat no external survey was done.  the issue is the lack of drainage causing water to fall down the building and into windows/masonry cracks etc during very heavy rain.  the agent identified the need for larger downpipes from the flat roof, and this is what was costed.  

nick1234

NeilCr said:

It may well be that this one lady, as suggested earlier, is the only person prepared to be a director. OP - why not offer to take up a directorship yourself - then you will have some  direct control over the MA. Assuming you are an owner not a tenant

We are lucky as we have a number of willing directors. But there is always a balance between those residents who want work done and those who complain that the service charges are too high. Sometimes they are one and the same!

I still thinking approaching her is the next step. 

I have no idea as I have never been invited to an AGM.  I am a shareholder as per the lease but all I know is this person has been a director for 20 years, I know this from companies house.  
I have now written a strongly worded letter to her and will possibly get the ball rolling with regards to submitting a tribunal application this week, as this will take a number of weeks/months. 

nick1234

Does anyone know, in this case is it the Appointed agents job to enforce if leaseholders are not abiding by the lease e.g. including the director?

Sachs

Agents do what the Residents Management Company tell them to do, they are just agents. If the RMC tells the agent to do enforcement they will do enforcement. If the RMC tell the agent to spend money/not spend money then they will spend money/not spend money.

As the director of an RMC if i got a strongly worded letter out of the blue from a member who I had never heard of, who had never attended attended an AGM, who had never volunteered to help in any way demanding x y or z I wouldn't be jumping for joy to help them out.

Clearly the RMC will have legal responsibilities and sure you could initiate legal action against them (which you would pay for twice by the way, once as you and once as a member), but as others have pointed out why don't you start by politely asking questions. How does the RMC work here? Can I help at all? Whens the next AGM? Are you aware of my issue? How is it currently seen? Can I show you why its such a problem?

nick1234

Sachs said:

Agents do what the Residents Management Company tell them to do, they are just agents. If the RMC tells the agent to do enforcement they will do enforcement. If the RMC tell the agent to spend money/not spend money then they will spend money/not spend money.

As the director of an RMC if i got a strongly worded letter out of the blue from a member who I had never heard of, who had never attended attended an AGM, who had never volunteered to help in any way demanding x y or z I wouldn't be jumping for joy to help them out.

Clearly the RMC will have legal responsibilities and sure you could initiate legal action against them (which you would pay for twice by the way, once as you and once as a member), but as others have pointed out why don't you start by politely asking questions. How does the RMC work here? Can I help at all? Whens the next AGM? Are you aware of my issue? How is it currently seen? Can I show you why its such a problem?

sorry for the late one.  thanks for the information I will write to them again mentioning these points.  But ultimately I feel I would need to take legal action based on their attitude to get things done.  Is this a claim I make via the upper tier property tribunal against that individual or the "company" which they are a director of?

anselld

nick1234 said:

Sachs said:

Agents do what the Residents Management Company tell them to do, they are just agents. If the RMC tells the agent to do enforcement they will do enforcement. If the RMC tell the agent to spend money/not spend money then they will spend money/not spend money.

As the director of an RMC if i got a strongly worded letter out of the blue from a member who I had never heard of, who had never attended attended an AGM, who had never volunteered to help in any way demanding x y or z I wouldn't be jumping for joy to help them out.

Clearly the RMC will have legal responsibilities and sure you could initiate legal action against them (which you would pay for twice by the way, once as you and once as a member), but as others have pointed out why don't you start by politely asking questions. How does the RMC work here? Can I help at all? Whens the next AGM? Are you aware of my issue? How is it currently seen? Can I show you why its such a problem?

sorry for the late one.  thanks for the information I will write to them again mentioning these points.  But ultimately I feel I would need to take legal action based on their attitude to get things done.  Is this a claim I make via the upper tier property tribunal against that individual or the "company" which they are a director of?

Claim against the Company.

NeilCr

anselld said:

nick1234 said:

Sachs said:

Agents do what the Residents Management Company tell them to do, they are just agents. If the RMC tells the agent to do enforcement they will do enforcement. If the RMC tell the agent to spend money/not spend money then they will spend money/not spend money.

As the director of an RMC if i got a strongly worded letter out of the blue from a member who I had never heard of, who had never attended attended an AGM, who had never volunteered to help in any way demanding x y or z I wouldn't be jumping for joy to help them out.

Clearly the RMC will have legal responsibilities and sure you could initiate legal action against them (which you would pay for twice by the way, once as you and once as a member), but as others have pointed out why don't you start by politely asking questions. How does the RMC work here? Can I help at all? Whens the next AGM? Are you aware of my issue? How is it currently seen? Can I show you why its such a problem?

sorry for the late one.  thanks for the information I will write to them again mentioning these points.  But ultimately I feel I would need to take legal action based on their attitude to get things done.  Is this a claim I make via the upper tier property tribunal against that individual or the "company" which they are a director of?

Claim against the Company.

Which, partly at least, ends up with you claiming against yourself

OP. I do understand your frustration but you've only just found out about the RMC. Surely, it's got to be worth a less confrontational approach, at least at first. Talk (not write) to the director and try to get a feel for how she sees it before going in all guns blazing