Thanks Scunner.
Hi again Mike,
I think a lot of builders of complexes normally keep things in their name for a time after the complex is opened, maybe the first year. And they will sometimes also do the site maintenance themselves or take the responsibilty for said maintenance for that time.
After that, they don't really want this on their hands, nor do they want to get involved with any on site politics or falling out between owners, so it's best for you and the other owners if you could now start your own management company as we did, and take the electricity account, the water account, and the site maintenance into the name of the management company. That way, you can open a bank account in the company name, and MAKE people pay their maintenance money into this account on a regular basis.
If they don't, then you will have to go down the same route we did, and take the debtors to court to recoup the money they owe.
By doing this, you will also be in control of the payments to the electric company, the water company etc. and you will never need to be cut off as you will pay the bills and recoup the share of those bills from those who did not pay through the courts.
You can also have a constitution drawn up for your complex, and have a decision book into which you put decisions which have been voted on at an obligatory and legally binding site meeting. Decisions like;
Any legal fees incurred through having to take people to court who have not paid maintenance fees will be passed on to the debtor and added to the existing debt.
As I said in my earlier post, it's quite time consuming and difficult at times, but once you have these things in place life really does become a whole lot easier.
Don't give up because you WILL feel at times that you are banging your head against a wall, but some people will play on your ignorance of the law, and take advantage of the situation, but once they see that you have done all your homework and got the right systems in place, they WILL come round to the idea that they HAVE to pay their share.
Hope this helps.