Late Payment of Rent

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Last post
3 March 2010
#1
Cath
Late Payment of Rent

Recently our management company advised that if we are late paying the maintenance charges that they will add penalties which are very significant. They also passed a resolution at the AGM that stated that they could seize overdue payments for the rent cheques.

Does anyone know if this is legal.

Also can anyone advise if we are entitled to charge interest where rent due is late

 

Catherine

 

 

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4 March 2010
Sheridan

Would the management company be SGIT Gestion and can you tell me which site this relates to?


I can see the reasoning behind imposing penalties when some owners have huge outstanding maintenance payments as the management company is then entitled to ask other owners to cover the shortfall.


However, it doesn't help when the rent is consistently late and therefore owners are less inclined to pay the maintenance charges on time!


Regards


Sheridan

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4 March 2010
Cath

No the management company is Camiole and the maintenance contract is with Phenix Consultants and it is Phenix who are now proposing the penalties which was agreed at AGM with Camiole.


Catherine

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4 March 2010
Sheridan

Hi Catherine,


Well, given our experience where we have been asked for an extra € 500 to cover the shortfall created by some owners who refuse to pay their maintenance charges I think penalties might be a good thing in the long run as the management company certainly has the right to make an exceptional call for capital to owners in order to cover the deficit created by the non-payers.


Regards


Sheridan

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4 March 2010
jaward

Hi Cath,


There are 3 parts to this:


Are you entitled to interest on late payment of rent from management company?.Almost certainly yes!.Without legal action,no chance!


Should the co-op be allowed to impose penalties for late or non payers?.Definately yes!.As Sheridan says the co-op are allowed to ask other owners to make up the shortfall!Apparently that is legal!


In France they get away with what they can.Its like the wild west!But i cant see any way that the management,legally can hand over to the co-op your unpaid co-op fees!


However it is a good idea!I will propose it at the next meeting!


John



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