Service Charge Collection & Debtor Management Setanta Landers - - PowerPoint PPT Presentation

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Oct 18, 2023 653 likes •785 views

Service Charge Collection & Debtor Management Setanta Landers Solicitor Wednesday 6 February 2019 1. Legal Structure of Multi Unit Developments 2. Service Charges / Sinking Funds 3. Debt Collection Policies 4. Recent Case law Multi

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Service Charge Collection & Debtor Management

Setanta Landers Solicitor Wednesday 6 February 2019

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1. Legal Structure of Multi Unit

Developments

2. Service Charges / Sinking Funds
3. Debt Collection Policies
4. Recent Case law

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Multi Unit Developments

Owned by Members
Directors Elected
Agents Appointed

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Service Charges

Legal Obligation
As soon as practicable
75% ratification
Covers ongoing maintenance

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Sinking Funds

Legal Obligation
Within 3 years
Separate Account
Covers once off expenses

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Debt Collection

Clear Service Charge Policies
Clear Debt Collection Policies

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. Considering Jurisdiction

Can’t Pay-v- Won’t Pay
Assets available to meet the debt
Warning Letters
Entitlement
Cost??
Statute of
Limitations

District Court €15,000 Circuit Court €75,000 High Court €Unlimited

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Enforcement

Requires Court Order

Sheriff Garnishee Orders Charges

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The Waterside Management Company Limited –v- Kelly and Another [2013] IEHC 143

> Waterside MC granted judgment in Circuit court for arrears of €9,684.05 > Sought to appoint a receiver over properties > This was granted by Circuit Court > Set Aside by High Court on basis; > Not just and convenient as sums were small > Could have collected other ways.

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Disclaimer

This information is for guidance purposes only. It does not constitute legal or professional advice. No liability is accepted by Reddy Charlton Solicitors for any action taken in reliance on the information contained in these slides .