I believe the below questions are all linked together. Now that you have managed to identify funds which were sitting in your suspense account and collected funds from 12 owners, can you now give an update as to how many owners have paid for the 09/10 season. How many are on the unpaid list? We need to have a clearer understanding of where we are on fees.
You have advised in question 6, that you need the owners agreement under the Condominium Act (which I believe needs to be held in Bankso) to refuse owners access to their premises for the next 3 years. I am in complete agreement that owners should not have use of the premises without paying their maintenance fee. I am worried that we will not get the Owners Group set up under the condominium Act before the start of this season. Can we work on something which owners agree to a points for this season (including this) which will be sent out by letter to each owner and will need to be signed and submitted back to yourself? If the management company can proceed to take owners to court for non payment without the Owners group set up, then I would suggest that you start working on this.
On point 7, how much has the "big 3" agreed to pay? Are they paying for the 09/10 season or just going forward? They should be held accountable for last season as well as this season.
My next point would be referring to the 12 owners who you have received funds from. You mention that you have paid electricity bills from these funds. I understand that all bills need to be paid before we can query anything with the electricity company. Once you arrange power of attorney on these electricity accounts and claim back the funds from CEZ, you must ensure that these funds are not deemed as "profit or claim back" for BEST BG - these funds are maintenance funds and must be put into the pot for this year.
Finally, we need published accounts. We have entrusted you with our fee every year, we have also accepted that we have not received any payment (as did you) for the rental which took place last season but we need a detailed breakdown of incomes and outgoings so that as a group we can work out what is best going forward.
Copy of meeting minutes
4. We have Found That The Records of Non Payers seam to be Inaccurate? What Steps will be taken to Investigate these Errors. Can Owners then be advised accordingly?
“Best BG” confirmed maintenance payments are recorded against each Owner / Apartment.
However, they advised some payments were received without Owner / Apartment Details and therefore in these cases they had to place the funds in a “Suspense Account” until the Payer's Details could be identified. This has led to confusion of late whereby some listed non payers have in fact paid and it was only in light of the recent forum responses that funds in the “suspense account” could be allocated to the correct owners / apartments.
The preferred method of payment is by Bank Transfer BUT this must include full Owner / Apartment Details so payment can be recorded correctly against the individual.“Best BG” assured us that all maintenance funds received are recorded correctly in the maintenance accounts.
5. What Processes Are You Considering to Collect Payments from The Non-Payers?
Kyle confirmed he has been working pro-actively to collect payments from non-payers and has succeeded in collecting the full amount from 12 owners. This money has been used to pay outstanding electricity bills.
6. What are the “Time-scales for Legal Action” or Otherwise?
In order to progress legal action it is necessary to hold an urgent Owners Meeting. This can then be voted on and agreed . Under the Condominium Act, access by an Owner to their apartment can be refused for up to 3 years for non-payment.
7. Can We Have Confirmation as to whether The “Big 3” Pay their Maintenance Fees?
“Best BG” confirmed that the “Big 3” do not pay maintenance* but that an arrangement has recently been made with Venera (The Land Owner's Daughter) to make some payment. Bear in mind they own some 70 apartments between them and this is a lot of lost income.............say 70 x 500 Euro = 35,000 Euro!!
Owners comments and discussions.
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