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Legal advice on management of estate

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  • 22-04-2008 9:43am
    #1
    DerryRed
    Registered Users Posts: 472 ✭✭


    Looking for some advice regarding the maintenance of our estate, which is approx 4 years old. We have approx 200 houses (no apartments), and a number of significant green areas (one the size of a football pitch).

    The Council are refusing to cut the grass areas, as they say it is the responsibility of the Developer. The Developer says that he already has handed it over, so it is the responsibility of the Council.

    We have a Resident's Association, and for the last 9 months have been lobbying our representatives to get this sorted. The summer is now almost upon us and neither the Council or the Developer are shifting from their stance. In the meantime we have already submitted a petition, signed by over 50% of the residents, asking for the estate to be taken in charge. The council have replied saying that the process has started but will not be completed for some time. In addition some Councilors are indicating that even if the Council do take the estate in charge, they won't have the resources or staff to maintain our grass areas.

    I was wondering if anyone was aware of any legal options that are open to us so that in the short term we can get the developer to do the maintenance, and in the long term to ensure that the Council take responsibility for maintenance?

    Thanks


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    #2
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    Is there a management company in existance?
    If so- the members of the company should instruct it to organise to have the grass cut.

    It can take a number of years to persuade a council to take an estate "in-charge". They are trying to phase out taking responsibility for any new areas where possible- it has been a condition of planning permission countrywide for a number of years that a managment company be formed to conduct the upkeep of estates and complexes.

    In the interim, before the council take the estate in charge, which could take a few years- I would suggest that you get a residents association together (in the absence of a Management Company) and levy a small charge for cutting grass etc on everyone and get someone in to maintain the place.

    Dig out a copy of the original planning permission granted to the Developer and see what conditions were imposed on the development, as it may limit what can/can not be done.

    Note: Just because an estate is taken in charge does not automatically transfer all areas to council care. The developer could potentially hold onto sizeable open areas with the intention of future development.

    S.


  • Options
    #3
    DerryRed
    Registered Users Posts: 472 ✭✭DerryRed


    Thanks for your feedback.

    There is no Management company at present and there was nothing in our original contracts or planning permission, saying that a Management Company was required. In fact it does say that "the management of the estate will be the responsibility of the Developer, until whatever time the Council takes it in charge".

    We do have a Resident's Association, however almost half of the houses are either rented out, or the owners don't care. This means that for those residents who care, the cost per household is quite large, and not everyone can afford this.

    Given what the planning permission and our contracts state, does anyone see the legal route as an option, and if so does anyone have any experience or insight into this course of action?


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