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GAZETTE

SEPTEMBER 1980

the block of flats has been made. It is therefore suggested

that the following pre-contract enquiries be made:

1. Is there a management company? If so:

(a) What kind of management company is it and what

are its rules?

(b) Is it active?

(c) Who are its members and are they just the owners of

the flats in the block where the flat is being purchased

or are other persons involved?

(d) Does it relate only to the block in which the flat is

being purchased or does it have responsibility for

maintenance of other blocks within the development?

2. Are the accounts of the management company available

for the previous financial year?

3. How is the service charge currently payable?

4. What is the service charge currently payable?

5. Is there a sinking fund and, if so, what size is it?

6. Are there defaulting lessees or have all service

charges or other amounts payable been paid up to date?

7. Is the flat owner aware of any possible claim on the

management company funds which is not apparent from

the account furnished?

8. Is the flat owner aware of any proposal by the

management company to carry out repair work which

would eventually affect the service charge presently

payable?

9. Is the flat owner aware of any structural repair

necessary to any part of the common areas which is the

liability of the management company?

10. Have professional managers been appointed, and if

so, what are the terms of their appointment?

11. What kind of insurance policy is in existence and

has the premium been paid up to date?

Depending on the kind of scheme involved there may

be additional pre-contract enquiries to be made but the

information resulting from these enquiries is information

which any flat purchaser should have before contracts are

exchanged. If it is only obtained by him after contracts

are signed it may well be too late.

It is important therefore that if the management in the

development appears to be inadequate or unworkable, the

purchaser's solicitor should advise his client accordingly.

If his client decides to go ahead he may well be lucky and

have the satisfaction of getting a profit on his investment

if he can buy in and sell out before the inevitable

deterioration sets in. It is, however, up to the client to

decide whether he is prepared to take that risk.

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