Management code

1. Our aim

We aim to provide a professional standard of property management and to ensure that the building is managed in accordance with the wishes of the majority of residents and at a reasonable cost.

2. Our Duties

Provide a full financial service to calculate and collect service charges, pay contractors and produce annual accounts etc.

Prepare, tender and supervise contracts for routine servicing

Deal with questions, queries and complaints from residents

Deal with requests for repairs and maintenance

Regularly inspect the buildings

Deal with insurance matters relating to the property

Draw up specifications, obtain tenders and supervise non-annual work

Meet with residents at least annually to present reports and discuss management issues

3. Regular services

– Cleaning communal areas: will normally be carried out once a week and includes dusting, damp wiping, vacuuming, cleaning glass to main entrance doors.

– Bin stores: will be swept and disinfected as required normally once a month.

– Communal window cleaning: normally carried out once every five weeks.

– Garden maintenance: during the season (March to October) a contractor will visit once every two weeks to carry out routine maintenance and mow lawns. Any additional maintenance or planting will be subject to a special works order.

4. Additional services

-Building repairs, maintenance including electrical maintenance: This work will be dealt with as required and funded from the maintenance budget.

-External & Internal Decoration of the communal areas: This work will be carried out on a regular cycle and funded from the reserve fund.

– Replacement of Items e.g. Carpets: Provision will be made within the reserve fund for replacement of items such as carpets, windows or doors, these items will be replaced as and when necessary.

It may be necessary to carry out other services from time to time which have not been budgeted for. This work will be done within the maintenance or refurbishment budget where possible, but it may be necessary to raise a one-off fee to complete this work. Residents would be informed before any such work is carried out and their views taken into account.

5. Resident’s Choice

Residents may wish to have a choice about the services provided and the level of service they wish to see. The Management Company will take all steps necessary to consult with residents and to act in accordance with the wishes of the majority.

6. Repair Liability

The repairing liabilities of both the apartment owner and the managing agent are set out in the lease. These can be summarised as follows:

Resident’s responsibility

You are responsible for all matters within the apartment itself including the repair of any pipe, wire or drain which may be outside of the exterior of the apartments but which only serves the apartment itself referred to as exclusive conduits in the lease. An example of this is the waste from your kitchen sink until it meets the main waste stack or main drain serving both your apartment and others in the block.

It may be that your apartment is damaged due to problems with another apartment e.g. water leakage from the apartment above. This would still be your responsibility although the cost involved may be a charge to the insurance policy for the building.

Management Company’s Responsibility The Management Company is responsible for arranging all repairs to the main structure of the building, the communal areas, all communal drains, rainwater gutters and pipes, paths, the surrounds of the building and common areas including parking, driveways and gardens etc.

If you are ever in doubt about the repairing obligation or liability on any item, your Management Team will be pleased to give advice.

7. Buildings Insurance

The buildings insurance is arranged by the Management Company a summary of which is available on request. The insurance policy covers the following risks to the building.

Subsidence or heave – subject to certain conditions
Vandalism – subject to certain conditions
Theft and/or attempted break-in – subject to certain conditions
Escape of water e.g. leak from a tank or an appliance such as radiator or washing machine.
Accidental damage to sanitary ware and fixed glass
Collision with the building by a vehicle
Third party and public liability cover

8. Insurance claims

Each lessee is insured under the terms of the insurance policy and as such if you have a claim that relates to your flat or those conduits that serve your flat you have to complete a claims form and arrange to have the work done. Where there is a claim that affects the communal areas, the structure or several apartments within the building the Management Company will deal with the claim and the work required.

The claims procedure is as follows:

You will need to contact the Management Company and we will either send a claim form to you for completion, or we will direct you to the insurers free telephone help line.

If you carry out the work – except as noted below – before acceptance of your claim you do so at your own risk.

When the claim has been approved you have to pay any contractors employed by you and forward the original receipt to the Management Company. This is then forwarded to insurers for you to be reimbursed.

When large amounts are involved the insurers will normally pay the contractor direct upon receipt of a satisfaction note.

Where works are an emergency either to secure the premises or to prevent further damage you will usually receive a verbal authority to proceed with essential works without the need for an estimate for that part of the work.

When damage to your apartment is to such an extent that the apartment is uninhabitable, the policy provides cover for alternative accommodation. It would be for you to negotiate with the loss adjusters the type of alternative accommodation to be provided.

9. Pets in Apartments

Depending on the lease pets may be allowed provided written consent is obtained beforehand.

Where the lessee wishes to have a dog or cat written consent must be given. When applying for consent please forward a photograph of the dog to ensure that it is a breed that is consistent with apartment living. Written consent is given subject to what are termed ‘good neighbour’ conditions as follows:

Only one cat or dog per apartment would be permitted (for a dog it would be restricted to the dog shown in the photograph).

No noise or nuisance must be caused to other residents

No cat flaps are allowed and cats must not be permitted to roam the communal areas of the building.

Dogs must not be left alone in the apartment for long periods of time and when within the building or grounds, they must be on a leash.

Animals must not be allowed to foul the grounds or common parts of the building. In the event of an accident we would expect the resident concerned to clear away any mess, as cleaners are reluctant to deal with this due to Health & Safety at work regulations.

Any breach of these conditions can result in permission being withdrawn.

10. Sub-Letting your apartment

If you wish to sub-let your apartment you must adhere to the rules as set out in the lease and you should obtain consent. The sub-tenant must enter into a direct deed of covenant to ensure that the sub-tenant complies with the general terms and regulations contained within the lease. A standard registration form will be sent to you for completion before the sub-let is agreed.

In order to protect the other residents in the building and to comply with the terms of the lease, references are required and the letting must be to a specific person. We would not be able to accept a proposed letting to, say a housing association, a local authority or a DSS tenant.

You will be required to pay reasonable solicitors costs for the preparation and completion of the deed of covenant and an administration cost to us for dealing with the matter. These fees are set out within the application form.

If you have a mortgage or loan on the apartment you must check with your lender to see if they have any rules that you have to follow when sub-letting.

11. Parking

Most leases allocate a parking space to each apartment these are shown on the lease plan. Residents should make sure that they only park in their allocated space leaving any other car outside the parking area. Second cars must not be parked regularly on visitors’ parking spaces.

If the spaces have not been allocated then the parking is on a first come first serve basis, but again this is only one car per apartment unless a second space has been purchased with the apartment.

Visitors’ spaces are for visitors’ vehicles only and leases state that they are available for visitors short term parking. This is interpreted to mean not more than a day or night.

The Management Company cannot protect a resident’s individual parking space. If any vehicle parks in your space you are the only person who can take action.

Where there is abuse of the visitors’ parking spaces the Management Company would take action against the abuser. If any vehicle is dumped we will contact the DVLA to identify the owner of the vehicle.

The Management Company cannot deal with dumped cars on a resident’s space.

12. Noise & Nuisance

Noise from TV’s, stereos, parties, guests leaving etc. can be very annoying, particularly late at night.

Nuisance can include undertaking activities which do not accord with the community living, e.g. carrying out major car repairs in your parking space, or leaving a derelict car in a parking space, abuse of the visitors’ parking spaces and not taking control, of your pets.

If you have a complaint about a neighbour causing problems, you must put your complaint in writing and if possible have it verified by one other resident. We will then write to the lessee concerned advising them of the complaint, but not the complainant, and request that the activity ceases. If this is not successful then it may be necessary to take other appropriate action, in which case you and other residents may be required to give evidence.

13. Emergencies

A list of emergency contact numbers for the Management Company can be found on the notice boards inside the hallways. There is also emergency mobile numbers on the office answer-phone.

The following list of emergencies can be dealt with in the following ways:

Electrical failure to common parts: This is often caused by the circuit breaker. This can be resolved by switching the switch back into the on position. If there is a major electrical failure then contact the Electricity Company numbers which can be found on the notice boards in the hallways.

Gas escape: Call the Gas Board number available on the notice boards in the hallways.

Water leaks: Call the Water Board number available on the notice boards in the hallways.

Blocked Drains: Call Dyno-Rod or a similar plumbing service. You will be required to pay their account at the time of the call out. You can be reimbursed by submitting the invoice to the Management Company.

14. Service Charge

The lease governs the frequency and method of collection of the service charge; this can only be changed with the approval of the residents.

The aim of the Management Company is:

a. to ensure that the service charge is reasonable and makes adequate provision for the services, repairs, maintenance and insurance of the property.

b. that care is taken in the preparation of the budget using the best information available to ensure that the budget is as accurate as possible.

c. to circulate the annual budget to residents with the invoice for the first portion of the service charge for the current year.

d. that any significant variations on the budget against previous years will be explained in the notes sent out with the budget.

Service charge Payments: Service charge payments are due in advance as defined within the lease. The service charge is due in advance so that the money is available to pay for the servicing of the building, therefore it is necessary to pay in advance so that there are funds available to insure and service the building.

The Management Company has a duty to collect the service charge when it is due. An invoice will be raised at least 14 days before the due date and sent to the lessee for prompt payment. If the payment is not received a reminder will be sent after 14 days, this reminder is a final demand. If payment is not received following this final demand the Management Company will have no alternative but to commence proceedings to recover the outstanding amount (see debt collection below).

Service Charge Adjustments: Whilst every effort will be made to accurately budget for the year’s expenditure, it is unlikely that our estimate would equal exactly the amount of expenditure during the year. An adjustment will be made at the end of each year which can be a credit if we have overestimated or a debit if we have underestimated. An invoice will be sent to you for any balance due from you or a credit made to your account for any balance due to you.

15. Debt Recovery

Prompt action will be taken to recover any amounts outstanding 21 days after the due date. A member of the Management Company will offer to meet with any leaseholder that owes charges to explore options for repayment before legal action is taken.

The Management Company will notify any known mortgagor of any intention to take legal action to forfeit the lease.

Legal action will not be taken without having given the lessee notice of the intention to take such action.

16. Reserve Fund

Each year the Management Company will make a provision for non-annual major work e.g. painting and decorating, replacement of carpets, windows and other such major items.

The Management Company will as far as is possible make provision for these major items of expenditure by preparing a cost and then spreading this cost over a number of years, making allowance for inflation.

The reserve fund will be invested in an interest bearing account and the interest together with any expenditure from the fund will be shown in the annual accounts.

When selling your property the Estate Agent will require information on the reserve fund to pass onto the purchaser.

17. Annual Accounts

An accountant will prepare the annual financial statement of accounts for the year and a copy will be forwarded to each lessee.

18. Bank Accounts

All money collected from the lessee will be held in a bank account which will clearly identify the funds collected and the amount of interest credited to the account and all transactions of income and expenditure.

The name and address of the bank will be recorded in the annual accounts and will be available to residents on request.

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