Very often difficulties arise in managed estates because of either lack of communication or lack of understanding of various rights and obligations. In many developments, apartment owners are frustrated by many of the decisions taken, or not taken. From the research we have conducted we see that many apartment owners don’t attend their AGMs because of time constraints. This can have a very detrimental effect on how apartment developments are run.
Services we provide specifically for apartment owners in Ireland include:
Assisting in establishing and organising residents associations for apartment owners
- Advice on dealing with the Owners Management Company
Advice on AGMs, service charges and sinking funds
- Advice on warranties, guarantees, Homebond, Premier Guarantee, Insurance
Dealing with Developers & Management Agents
- Managing Agents
Board of Directors
- Advice on AGMS, voting rights and using your proxy
If you are selling:
- Title deeds are examined and we ask you to provide us with more detailed information about your apartment or house. You may need to arrange a Buildings Energy Rating Certificate and in some cases, a map that will be suitable for Land Registry purposes if this is not already available.
- Once contracts are drafted these are sent to the solicitor acting for the purchaser
- If you have a mortgage, we will liaise with your lending institution to confirm how much is outstanding on your mortgage and also to ensure that they will release the property you are selling once they receive the agreed sum.
- The purchaser’s solicitor may raise more queries in relation to the property known as requisitions on title. When you are selling an apartment or house in a managed estate, this is when information about service charges, sinking fund and the owner’s management company will be sought. With your help, we will have all of that information ready and available on our file. Because the Owner’s Management Company provides this information for you, the question of any outstanding service charges will also have to be dealt with. The Agent managing the estate will usually look for confirmation that any outstanding service charges will be paid from the sales proceeds before they will provide the information needed. So you will see that if there are arrears of service charges, this is usually how they are collected when you are selling.
- Once all of these issues have been dealt with, and closing documentation has been agreed with the solicitor for the purchaser, then we’ll ask you to call to the office to sign all of the relevant documents. You should bear in mind that when we get the sales proceeds, we will need to deal with your lender, with the owner’s management company and possibly with any other outstanding charges, as well as the costs of the work we have done for you. Only then can we release any balance of funds to you.
- As well as professional fees, there is likely to be some additional costs to be paid by you. These may include bank fees for discharging the mortgage or Commissioners fees for swearing documents. While these rarely exceed €100, we will clarify this for you once all of the information is available to us.
If you are buying:
- When you contact us about your purchase we’ll outline for you the groundwork you need to do, like having a surveyor inspect the property, or providing documentation to your lender to make sure the process goes smoothly. It may be useful to visit the planning office of the local authority to look at the plans for the area into the foreseeable future.
- Contracts will be sent to us by the seller’s solicitor, with details of the title to the property. If you are buying an apartment or a property in a managed estate, this is when we will formally request information about how the development is being managed and what the status of the owner’s management company is. Questions will be asked about the service charges, copies of annual accounts will be provided to you to review, and the issue of the sinking fund will be discussed. When you are happy that everything is in order, and you are ready to proceed, the contracts can be signed. Once the contracts become binding, you will no longer be able to withdraw from the sale. At this point, you will need to pay the balance of the deposit required under the contract.
- To make the best use of your time, we will aim to have mortgage documentation ready for signing when you are signing contracts. At this point then, we will be putting in place the legal formalities which will allow you to draw down your mortgage when you need it, although this usually needs to happen within a specific period of time.
- Closing documents are agreed with the seller’s solicitor and are delivered to us in exchange for the balance of the purchase price. If you need to add more money to the mortgage amount to complete the purchase, this will have to be provided to us, along with costs and stamp duty (if it applies). As part of the process we will carry out searches at the time of closing to make sure that the seller has good title to sell and that there are no burdens or charges against the property that you are not aware of.
When all of this is done, you can call to the office to sign the transfer documents for your new property, and collect the keys! After that, we will take care of the stamping of the transfer document and the registration of your title and mortgage.
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