TP1 covenants by the Transferor relating to Estate management’s fees

Studio50

The development is made up of numerous phases each having their own planning permissions and local POS areas, identified within the same permissions within each phase. 

There is also a large central POS that has its own separate independent planning permission that does not include any current or planned dwelling houses.
However,  at todays date this central POS does not yet have a ‘Practical Completion Certificate’ due to outstanding issues raised by the Public Open Space planning officers.
one of the Transferor covenants with the Transferee states
’The Transferor will as soon as possible after today’s date (completion date of house purchase) but having regard to the planting season, and at its own expense lay out and construct such parts of the Amenity Areas as require any such works in accordance with the requirements of the appropriate planning permission and any regulatory authority and as soon as the Transferor has completed the laying out of the Amenity Areas it will transfer the Same ( or so much as its intended to be transferred) to the Professional Manager’
As it stands the management company are issuing invoices to the members that include itemised maintenance and upkeep expenditure for works carried out on the central POS , that does not have this practical completion certificate, (PCC) issued by the Local Authority.
my question is if the PCC has not be issued, is the Transferor in breach of covenant, (above) How do the Members of the Development ‘s Managenent Company remove the items listed in the annual invoice that are related to to central (POS) that does not have a completion certificate.
it is acknowledged that there are smaller Pos areas identified within a completed phase that will be subject to charge.

propertyrental

Surely a question for your solicitor who, on request, should provide a detailed explanation along with advice.

Unless of course you are a DIY conveyancer, in which case, given your confusion, I suggest you stop and employ someone.

I also hope (for your sake) that any conveyancer you are using is fully independent as opposed to having been recommended by your seller/developer.

Better still, I hope your conveyancer is local (rather than, say, a cheap online warehouse). That way you can make an appointment pop in and get your explanation face to face with the opportunity to question any aspect of the explanation you are unclear about.....

Studio50

propertyrental said:

Surely a question for your solicitor who, on request, should provide a detailed explanation along with advice.

Unless of course you are a DIY conveyancer, in which case, given your confusion, I suggest you stop and employ someone.

I also hope (for your sake) that any conveyancer you are using is fully independent as opposed to having been recommended by your seller/developer.

Better still, I hope your conveyancer is local (rather than, say, a cheap online warehouse). That way you can make an appointment pop in and get your explanation face to face with the opportunity to question any aspect of the explanation you are unclear about.....

Thank you for your reply,
to explain our completion was 2 1/2 years ago. - I could possibly contact the original conveyancing solicitor,
 and No i am not a part time DIY conveyancer!
Just looking for a sensible justifiable argument that we can forward to the management company to query whether the costs on our annual service plan are justifiable or Not!
You mentioned

, given your confusion, I suggest you stop and employ someone.

I also hope (for your sake) that any conveyancer you are using is fully independent as opposed to having been recommended by your seller/developer.

Is there something here that we as members of the Management company should know about!

CSI_Yorkshire

My reading says you have nothing to argue.

The covenant says "as soon as possible" (and even caveats that) - so it not being done yet doesn't breach that.

Actually, if they had transferred it, then they might be in breach for transferring before completion of satisfactory construction - but even that isn't clear here.

The text says nothing about whether they could transfer management, responsibility for maintenance, responsibility for repair, or anything else to the Management Company.

Given only the covenant above - the transferor could still own (not yet transfer) the POS, but have passed responsibility and ongoing (i.e. not construction) costs to the management company, and that would not breach anything written.

The covenant is only saying that the POS must be constructed at developer's cost and must be transferred as soon as possible after completion - nothing else.