Legal advice

[David McKeown]

Sorry Dave, you are wrong here.

Firstly what would the Minister for Public Expenditure have to do with it? The council or Department of Housing would be first up if that was a thing.

The developer will hold the asset and it would be dealt with by the receiver who will ultimately sell it to the management company. That process us likely happening but tonto needs them to confirm. If they aren't involved in a conversation then he has bigger problems.  Again, no idea where this apartment is, but if south of the border he has no state agency coming over the hill here.

You forget the south is a great deal more capitalist, especially round housing. The state doesn't step in, like this. The developers assets get sold on. The management company have dibs, and the receiver knows it. So they can charge what they like.

Sorry I had read this as either the developer or more likely some subsidiary company created by the developer (very common in the north) had been bankrupted a long time ago and was therefore no longer in the picture. If there is still a legal entity or receiver holding the deeds then you are correct.

If however the receivership process is complete and the developer or a subsidiary is no longer in existence then what I have outlined above is correct.

That issue would need clarified first.

Yes. I believe the developer has gone bankrupt and the deeds were never transferred to the new management company

The fundamental point of a management company is to own and maintain common areas. They need to immediately tell you who holds these deeds and when they plan on getting their hands on them.

The problem is a lot of management companies in the north tend to be made up of residents who aren't experienced in the area that's if they even function. In my apartment case the management company hadn't met in a number of years and in the end to advance things my mother ended up getting appointed chair just to move things on then left as soon as the apartment was sold. So a lot will depend on what kind of management company you have. I have limited experience of them in the south but from that they do all seem much more professional.

Might be helpful to know what side of the border the apartment is on

we are in Belfast.

My sympathies.

So ignore everything I said. Which is a pity because it was brilliant

I agree it was excellent even if we were at complete cross purposes

[David McKeown]

If an AGM is the solution then there will be a mechanism to force an EGM.

The solution likely involves and application to land registry and purchase of indemnity insurance (to indemnify any purchaser of your flat that there won't be an issue with communal areas)

A larger solicitors with a commercial real estate practice should be able to handle.

If the developer has gone bust the original law firm who acted for them or their bank may have details - you can see who this is from historic filings by developer at companies house (when you purchased what was the name of the selling entity), there will mortgage docs filed with legal details.

 

As I say it sounds like the asset may now be Bona Vacanta which will delay things