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New Build Management Fees

We're in a new build and we've been querying the fees from the management company for the maintenance of the 'green' areas. They have been maintaining most of them but the issue is that the areas they've been instructed to maintain vary from what we signed for on our deeds (TR1) form. 
Can the developer change the plans once we've signed? 

Comments

  • user1977
    user1977 Posts: 18,478 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    What do the deeds say about it?
  • The deeds highlight the area that should be maintained and we signed the plan to confirm but this differs from what the developer has told the management company. Just wondered if they can do that? 
  • user1977
    user1977 Posts: 18,478 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    edited 17 December 2021 at 3:45PM
    The deeds highlight the area that should be maintained and we signed the plan to confirm but this differs from what the developer has told the management company. Just wondered if they can do that? 
    What I was getting at was whether the deeds said anything about varying that area? Have you read it, rather than just looking at the plan?
  • The wording of the deeds is to refer to highlighted areas on the plan to be maintained. Nothing specific 
  • eddddy
    eddddy Posts: 18,219 Forumite
    Part of the Furniture 10,000 Posts Name Dropper

    Is your property leasehold or freehold?

    If it's leasehold, the lease is the binding legal agreement.

    If it's freehold, the transfer deed normally specifies what the service charge covers - and again, that's a binding legal agreement.


    You shouldn't have to pay the management company for doing anything which isn't stated in one of those agreements.


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