House builder trying to force through the handover of the management company

[ashburton]

I'm hoping someone can help as the house builder is trying to force through the handover of the management company to the freeholder homeowners before an outstanding defect within the shared area is fixed and is threatening to hand the management to a property management company if the homeowners do not agree to this. What rights do the homeowners have? Can the handowners refuse the handover taking place until the defect has been fixed? Can they transfer to a third party company without the homeowners permission?

[jaguarsuk]

Regardless of whether they transferred the freehold, unless the contract to do that stated the new freehold owner accepted liability for the defect they would still be liable I would think because they caused it.

I am not saying that is the case and merely speculating because what I know about conveyancing could be written on the tip of pin.

[dslippy]

The documents establishing the estate should establish how and under what conditions this caan happen. Do not underestimate how important this can be particularly if there are defects outstanding.
The various estate members hould take good collective advice. The documents are not straightforward.

[ashburton]

Thanks for the responses.