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

Oct 18, 2023 •653 likes •781 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

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 Unit Developments - Owned by Members - Directors Elected - Agents Appointed
Service Charges - Legal Obligation - As soon as practicable - 75% ratification - Covers ongoing maintenance
Sinking Funds - Legal Obligation - Within 3 years - Separate Account - Covers once off expenses
Debt Collection - Clear Service Charge Policies - Clear Debt Collection Policies
. Considering Jurisdiction - Can’t Pay -v- Won’t Pay - Assets available to meet the debt - Warning Letters District €15,000 - Entitlement Court - Cost?? Circuit Court €75,000 - Statute of High Court €Unlimited - Limitations
Enforcement Requires Court Order Garnishee Sheriff Charges Orders
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 .
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 .

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