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Homeowners face sales nightmare 13.05.11

HOMEOWNERS living in private housing estates in Inishowen have been warned to pay their management company fees or face not being able to sell their home.
Franklin's estate agents said many property owners in developments around Donegal cannot execute a sale because their development is not managed by a registered management company. This is a condition set out in the original grant of permission for the developer.
Franklin's director Brendan McGee, from Buncrana, said: "This requirement sets out that all multiple developments must have an active management company in place at all times until such times as a local authority takes over the ongoing maintenance of same.
"The said management company must then ensure a full set of management accounts are filed on an annual basis as per normal company law and there will be an obligation to provide all insurances including public liability for all communal / green areas etc.
"Without the above being in place a sale cannot be executed as the lender will not provide finance for any properties within."
Franklins estimate that between 12 and 15 properties are being agreed for sale in Donegal each month.
"From this figure it is our belief around half require finance to complete the transaction while the others are in the fortunate position where they can buy without needing a mortgage.
"Franklins have found that there are several developments throughout the county where active management companies are not in place and as a result sales that agents and vendors work hard at to arrange, cannot be executed and the proposed sale falls flat on its face as the lender will not release the funds."
Brendan McGee.
Mr McGee added: "In addition to those requiring finance those too who do not need finance will also be ‘advised’ by any competent solicitor that if they go ahead and buy, they may have difficulties if they decide to sell at a later date."
Franklins strongly urged all home owners living in developments to pay their management fees and ensure their management company have submitted all relevant accounts for their development.
"By assuming because someone is cutting the grass in the communal areas you have an active management company, we urge you to think again. It may not be today or tomorrow that you wish to sell but one day every owner will require a fully functioning management company in order to execute a sale when a buyer is found.
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