Service charge for no upkeep

lottylostitch

Hello- hope someone can share some advice. We moved into our property just over a year ago and we pay a monthly service charge for general maintenance of the shared drive and area, we were advised there were regular meetings with all property owners to discuss issues as a management company. No meetings have taken place and no upkeep has taken place. Today our garage flooded and items are damaged as the drains in the shared drives are all blocked and a sudden downfall caused the flooding. To be honest it’s hard to swallow a service charge for no upkeep. I’m also aware of next door not paying their monthly fee and it just goes down as they are in breach of contract. I’m more happy to pay for some upkeep. The drive is looking shabby and it’s full of pot holes as it’s a gravel drive - it just needs raking which we have done over and over and the only ones who do this (can’t tarmac it due to a tree preservation order) I got costs up for a monthly gardener just to tidy up the area and no reply. I haven’t signed a service charge contract - can I stop paying and put the money in my own pot and contribute amounts when maintenance is required and can I claim my monies back from the management company for no service  ? I’ll also be emailing the management company regarding the drains and the inconvenience and damage this has caused on our property today . Sorry to moan just feel like I’ve been trying to be reasonable for a while. 

km1500

as I understand it your service charges will go into the management company funds and thus should still be there if they haven't spent it

who is running the management company who is the treasurer who has access to the bank account

you can ask of course at any time to see accounts

is the management company run by the residents if so you could even volunteer to be on the management committee

user1977

lottylostitch said:

I haven’t signed a service charge contract 

So there's nothing in the title deeds about it? Who told you about the current arrangements?

Jonboy_1984

Is this a freehold or leasehold property, and in what country as England and Wales are rather different to Scotland and different again to Northern Ireland.

What do the property deeds say regarding payment. If the arrangements are detailed there then no separate contract is required as they automatically fall on the property owner, and dispute would be via a tribunal (normally after paying under protest rather than withholding payment).

The rain last week saw surface water drains on our estate flood despite the council clearing them last year, as the recent grass cuttings in combination with the preceding very dry weather blocked them. Luckily it was restricted to the roads that are lower than the houses. 

propertyrental

* Freehold or leasehold?
* 'Management Company' owned/run by residents, or a 3rd party?
* If residents, who are the directors? Treasurer? etc
* contact details for the Manco? Who do you pay?
* annual accounts: you've been there a years so should have received accounts. What do they show?
* Your Land Registry Title: what goes it say regarding maintenance and/or the manco?

lottylostitch

* Free hold 
* management company run by residents 
* A person from each household is nominated director - but we have never had the paperwork 
* one of the owners of the four properties manages this and we pay him into a nominated account via direct debit 
* We do receive annual accounts shows contributions from each household over the duration, shows no payment and arrears for the neighbour who does not contribute and shows interest and expenses deducted for stationary  
* land registry - I’ll dig paperwork out 

lottylostitch

We’re also hoping to move next year as a rural property has come up we love so also conscious we will have paid an amount of money for no upkeep which benefited any residents - I appreciate if others aren’t concerned but something just doesn’t seem quite right - unless I have it all wrong 

lottylostitch

There is a clause on the deed stating that all properties on this residential  close have a right to use the shared  driveway which is owned and maintained by the  management company . 

CSI_Yorkshire

You've paid money into the nominated account.  Normal.

The money is still there, and accounted for.  Normal.

The management company - i.e. the residents (including you) - haven't decided to spend any money on maintenance.  That's their (your) choice.

You are the management company.  Have a meeting, vote to do some maintenance, and spend the money.

There's nothing nefarious going on here.

lottylostitch

Thank you 
No other residents will attend a meeting 
I have put forward quotes for general gardening but no response 
is this normal too 
just want to clarify paying for no upkeep is standard if no response from other residents? 

propertyrental

Go and speak to the resident who 'manages' the company.
Maybe first get some quotes from landscapers, drive maintenance companies or whoever is relevant, and take them with you.

Check with him the money is still in the account and suggest 

a) spending money on maintenance and
b) holding a residents meeting to authorise the spending. Who knows? The other residents might not want the money spent in the way you propose.

But if no one takes the initiative, nothing will happen!