This is in the home section too! May be more suited here!

[Vics128]

Hi wondered if you could help. Me and my partner live in a flat that is owned by my Aunt. The flat is a house conversion split into 4 properties. All four of the owners own an equal share of the freehold. The lady who owns and lives in the top flat collects the money that we all have to pay. She says the money is for insurance and maintanence. I just think it seems a bit suspect... Admitedly our flat is the largest, we pay �270 half yearly. Two of the other flats pay about �240, and her flat pays �140 (it is the smallest, but still not half the size!) The entrance hall has not been decorated in at least 20 years. The bush outside gets so overgrown that my boyfriend has to chop it back. And the property has not been painted outside for at least 3 years (and we are expected to pay extra when it does get done) We have a flat roof extension on our property that started leaking last year. We asked her if that was covered on the insurance, and she said she could get it fixed if it only needed patching, but if it needed more then we would have to pay extra (surely if it was insured then that would pay for anything?)

Would she be paying for house insurance with the money, or would that be down to each of the owners when they get there mortgages.

Also we dont get receipts for the money and when we asked for a break down she got really annoyed. she did give us something, but it didnt make much sense to us, and was really just a random amount of figures (no insurance names mentioned)

Basically am I just winging about having to pay this money, or does it sound a bit suspect to you... Please help because its due again and I dont no what to do!!!

[theo_wyvern]

you probably need to have the lease checked as to who has responsibility for what, as you all have an equal share of the freehold it may be that you are jointly resposnible for common areas etc.

i would use that as a starting point

[themas]

When you bought your flat your solicitor should have made enquiries about the service charge and maintenance costs, and have seen (and given you a copy of) a current insurance certificate for the building. Look back on the info you got from your solicitor to see what he told you; if there is nothing there go back to him and query it.

From what you say, you don't know whether the building is insured. I do not think it is possible for each flat owner to insure their part of the building separately - there should be a policy for the whole building and all flat owners are entitled to see the policy or current insurance certificate. You must find out about this asap - if the building is not insured and it burnt down you would lose your home and have no money to replace it!

The whole situation seems most unsatisfactory. If each flat owner has a share of the freehold there should already be a limited company to manage it, in which case there should be directors, meetings, accounts etc. Check your lease and any other documents you have.

If the worst comes to the worst and you have not been properly advised by your solicitor when you bought, you might even have a negligence claim against him.

[themas]

Apologies - have just re-read your post and see it is your Aunt who owns the flat, not you. So it is really your Aunt who should be sorting things out. In my view, it definitely needs looking into in some detail.