kingswells.guest
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| 17 May 2005 05:00:39 |
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| Please can anyone assist with a query we have.
We have been residents of Kingswells for a few years now ( Clova,then Broaddykes and now Wellside ) and have never,until now,had to pay any fees for property management.
We have now received correspondence from a company in Oldmeldrum looking for a payment of £50 up front,then a further £10.69 per month.
We are completely confused.:msn_confu
Why are we 'all of a sudden' liable for this ?
Is everyone liable for this,or only certain properties ?
Why didn't our solicitor warn us about this ??? |
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kingswells.guest
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| 17 May 2005 07:21:45 |
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| It's difficult to answer.
The deeds of your house state that a factor will be appointed.
However it doesn't state how that factor is appointed, legally you have to pay for your maintenance.
If a residents association was set up in your street, this was a good way of managing such issues.
If the majority of residents agree to a factor, then yes..you must pay. However the new factor would have to prove the majority |
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kingswells.guest
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| 17 May 2005 08:29:24 |
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| So what is my next move ?
I don't see why I should pay for this 'service' I have neither asked for or been asked my opinion of.
I have never paid this before and I do not know any other home owners who do this in Aberdeen.
This is utterly ridiculous and I am extremely angry about it. |
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kingswells.guest
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| 17 May 2005 09:05:13 |
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| I agree with you, and so does everybody else.
I took this up with a solicitor last year over the whole thing.
Bottom line is, it's in the deeds, only way out if form a residents association.
If you don't pay, the factor can take you to court! and they are in the right! Unless you can prove they haven't been doing the job in the first place properly.
Most of Aberdeen and other areas have the council doing maintenance, this is due to the developer paying a one off fee to the council at the time of the build. Kingswells developers took the easy way out and nominated a factor for each scheme, it's in the deeds and there isn't too much you can do!
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kingswells.guest
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| 17 May 2005 09:11:05 |
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| [quote]Why didn't our solicitor warn us about this ???[/quote]
They must has assumed you would read the deeds that you signed.
[quote]Why are we 'all of a sudden' liable for this ?[/quote]
You always were.
[quote]I don't see why I should pay for this 'service' I have neither asked for or been asked my opinion of.[/quote]
Again, its all in the deeds. Once the childrens play areas are knee high in grass and riddled with broken glass, you'll understand that someone actually does this work and does not do it for free.
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kingswells.guest
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| 17 May 2005 10:02:42 |
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| In the absence of a residents association SMH has the power to appoint a Factor.
Due to the resignation of Peverel as Factors SMH has exercised their powers to appoint the new Factor, as one of the previous posters stated everyone would soon complain if the grass wasn't being cut.
However... the new Factor has lumped us all together in a block of 500+ houses,
in my opinion it will be impossible to co-ordinate a residents association of this size. My own deeds indicate a maintenance area of 116 houses around the various Wellsides so in theory I would expect to pay my share of the maintenance for this area.
Does anyone know the legality of being asked to pay for a share of the greater area ?
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kingswells.guest
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| 17 May 2005 10:35:33 |
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| I'm still really confused by all of this.
Why wasn't I asked for any of these fees when I was a resident of Clova or Broaddykes for years ?
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kingswells.guest
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| 17 May 2005 10:52:37 |
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| Clova was maintained by the Council!
Stewart Milne paid the council a one off fee for each house sold for maintenance. I used to Stay in Clova park, and asked this question when We moved to Wellside!
the only way to get round this is to get every owner to get a solicitor to re-write the deeds, and a one off fee of 18 x annual maint cost to be paid to the council for maintenance and insurance.
There are a lot of arguments under factors..playpark insurance, why shoudl I pay I dont have kids, car park insurance..why? i don't park there!
Peveral at one meeting I attended said "it's your own fault for not reading the deeds!!"
we don't really have much option but to pay |
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kingswells.guest
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| 17 May 2005 11:11:09 |
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| So the residents of Clova/Broaddykes are able to access Wellside's 'common areas' without actually contributing in any way ?
My,that's fair...
I dare say this will shock quite a few people and we'll be seeing a few 'For Sale' signs in the Wellside area.
As a matter of principal,I can see myself joining them
I already pay a ludicrous £220 per month in council tax and now this...:msn_mad: |
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kingswells.guest
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| 17 May 2005 19:01:43 |
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| Kingswells is a divided village because of this factoring crap !!!.
Ref the ongoing disscussions regarding Peverel etc, etc, etc...
Yes - lets form a Residents association & live happily ever after....:msn_cry: :msn_cry: :msn_cry: :msn_cry: :msn_cry: :msn_cry: |
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kingswells.guest
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| 18 May 2005 09:49:34 |
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| I live in the Concraig Area of Kingswells and we too are being targeted with the maintainance fees!! |
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kingswells.guest
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| 18 May 2005 10:02:49 |
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| Can anyone explain the £50 charge prior to paying the £10.69 per month ?
As I read it,it is some kind of 'insurance' against non-payers.
Does this mean that they are acknowledging there will be non-payers and also acknowledging that there is little they can do about them ?
The more I read into this,the angrier I get with the previous owner (and Aberdein Considine) that I wasn't told about this.
One can argue that I should have read my own deeds,but who does ???
One pays one's solicitor to do this for you.:msn_mad: |
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kingswells.guest
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| 18 May 2005 11:03:11 |
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| [quote]Does this mean that they are acknowledging there will be non-payers and also acknowledging that there is little they can do about them ?[/quote]
The non payers are taken to court, and the cost to a factor company for doing so is then added to the residents bill that refuses to pay. It's all legal and above board. All you need to do is ask your solicitor about it. Or read your deeds again. |
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kingswells.guest
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| 18 May 2005 15:22:20 |
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| Hello, i understand the confusion of everybody who has recently purchased in our area. My friend is in the same situation he purchased and was never informed of ground maintenance. Myself and neighbours have decided to set up a reidents assoc of a kind to avoid the same upset as last time. We have had a quote of costs of £75 per annum. It's maybe worth the leg work to meet your neighbours and discuss this. Hope i've been of help. |
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kingswells.guest
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| 19 May 2005 02:31:29 |
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| I can't believe you guys spent hundreds of thousands of pounds on your houses and didn't read the title deeds. You can't blame your solicitors for your fool hardiness. At the end of the day you're responsible for you. If you'd have read the deeds and found out about the factoring issue, would you have not bought the house ??!! |
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kingswells.guest
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| 19 May 2005 06:22:12 |
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| This is probably a stupid question but, are we paying less to the council because they are not maintaining the land beside our houses? |
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kingswells.guest
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| 19 May 2005 06:45:58 |
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| No, we are not paying less council tax, if anything we will be paying more as Kingswells is a 'nice' place to live, property prices are higher than average for the city and our concil tax is based on property prices ! |
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kingswells.guest
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| 19 May 2005 08:42:19 |
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| If you struggle with mortgage and council tax that's even more reason for you to read your deeds. |
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kingswells.guest
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| 19 May 2005 10:36:04 |
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| The £10.69 is a Must Pay but they have no legal right to the £50. |
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kingswells.guest
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| 19 May 2005 14:17:57 |
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| To the guest who was interested in forming an assoc. If you contact SMH i'm sure they could tell you of your boundaries. And any other information you would probably be better contacting an area in Kingswells who have already started one. I don't want to issue any names because it would be unfair to involve them without there permission. If you look at this website i'm sure you'll find the names in question. |
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