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Hi a newbie here looking for advice on behalf of my mother:
She bought a leasehold apartment from one of the larger developers (the Lessor) in '07. As required she became a member of the Residents Association (RA), a LTD company incorporated by the developers in 2005. According to the covenants of the lease the company RA is responsible for the maintaining of the estate. However RA is a dormant company as the estate has never been handed over to the residents because the roads and sewers have not been adopted. The developer appointed a property management service to act on behalf of the dormant company (RA).
Part of the responsibilities of the RA was the maintenance of a wall. The wall now needs to be replaced at a potential cost of £4m due to the lack of a maintenance regime that would ordinarily been the responsibility of the RA. As the RA has never been active does the liability for the wall rest with the residents or the developer?
What would be the best way of getting advice? Is it worth doing?
Many thanks
She bought a leasehold apartment from one of the larger developers (the Lessor) in '07. As required she became a member of the Residents Association (RA), a LTD company incorporated by the developers in 2005. According to the covenants of the lease the company RA is responsible for the maintaining of the estate. However RA is a dormant company as the estate has never been handed over to the residents because the roads and sewers have not been adopted. The developer appointed a property management service to act on behalf of the dormant company (RA).
Part of the responsibilities of the RA was the maintenance of a wall. The wall now needs to be replaced at a potential cost of £4m due to the lack of a maintenance regime that would ordinarily been the responsibility of the RA. As the RA has never been active does the liability for the wall rest with the residents or the developer?
What would be the best way of getting advice? Is it worth doing?
Many thanks
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