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MaurizioC
MaurizioC,
Category: European Law
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We own an apartment in Bulgaria and our management company

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We own an apartment in Bulgaria and our management company takes the fees and does not provide the services and they claim there is no money left at the end of the year..they do not provide accounts .they agreed to a 5 year contract which has now expired as pur plot manager advised we didn't want to renew..they are now demanding monies as they day monies are due contract or no contract ..
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: Just noticed you are a uk company and probably can't advise
JA: What steps have you taken so far?
Customer: Paid up to the last year 2020 when contract wasn't renewed .they are now demanding 2021 and 2022 fees claiming they don't need a contract ..I live in UK but property is in Bulgaria..
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: We did have a committee but the Lawyers in Bulgaria seem to get frightened when trying to deal with the management company and walk away.

Hello, I'm an adviser with JA and I will try to help you.

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Customer: replied 13 days ago.
They have also cut of Mt electricity and water and will not turn it on till I oay for last year's and 2022 fess ..I advise we had no contract but they said the fees are due contract or no contract ..I am looking to sell and they won't let a sale go thru until the fees are paid

How are they supposed to pay for the energy and water bills if there is no expense fund?

Can you please clarify what kind of expenses/fees did the 2020 contract provide you had to pay for?

I suppose there are also expenses linked to the fact that the apartment is in a building.

Customer: replied 13 days ago.
Apartments are in a block of three looking like villas from the putside but actually 3 one on top of the orher.i haven't used the apartment for many a year but the fees are fir maintenance of the site and electric and water charged separately but as I said they are only a few pounds extra on top of the maintenance fee which is charged on the size of the apartment.this is meanrmtg to cover wages, gardening and none existent security..
Customer: replied 13 days ago.
How much extra does a call cost..many owners have sold up at a big loss as they can't beat the company so they walked away

Ok.

I understand that you signed a 5-year contract in 2015 the fixed term of which expired in 2020.

Are you sure that the contract did not automatically renew for another term?

Did you possibly terminate it expressly?

How much extra does a call cost..

I'm a consultant and I do not deal with administrative aspects.

You may ask the Customer Service, but I am sure that you can see the price already from your account.

However, I could be available for a call at 18:00 BST.

Customer: replied 13 days ago.
Contract did have an option to renew if it wasn't cancelled.by the plot manager which he advisedd we didnt want to renew at the end of Dec 2020 .this was done by the plot manager who had all the paperwork for this new contract. He is trying to sell but they also have demanded the last two years fees paid and have blocked his sale

Unfortunately, based on the information available, I cannot know if the contract was terminated timely and in compliance with the contractual provisions.

However, if the contract was duly terminated, from a legal point of view they cannot claim the fees for the period following the cessation of the effects of the contract, unless they were asked to go on managing the property and/or there was a conduct by the owner/owner's representative that could be interpreted as a withdrawal of the termination.

Customer: replied 13 days ago.
I hope to go out to Bulgaria in June and contact a lawyer there but if they are not honouring contract law it prob cheaper to pay the fees Euro 1400 than to try and take them in and loose

I can't see how they could legally "block the sale", unless this means that they have taken any formal step for the seizure of the flat to collect the debt or that they are, as a matter of fact, "getting in the way" to prevent the sale.

Customer: replied 13 days ago.
Getting in the way probably as they won't turn the electric and water back on until the fees are paid.Another owner called the police and I think they just said it was of no concern to them.i thinkhe got the electric/water back on but when he left they turned it back off .
Customer: replied 13 days ago.
I assume that they are trying to bully me but my interpretation of our law anyway was that they cant charge if the contract wasn't renewed as in any country.i would be happy to bring my case to a lawyer in Bulgaria if no contract means no obligation to pay until as you say a new one was established.

The police may say that because they consider these civil matters.

Formally reinstating them ad property manager (paying the "arrears") may be a practical solution, but I'm not so sure it's a good idea.

I think you should speak with a local lawyer first.

You may look for one who offers you a brief initial consultation free of charge so that you can explain your circumstances.

Customer: replied 13 days ago.
Thata a good idea .I was checking a legal opinion that no contract meant no authority to charge fees ..

The principle that if a contract is duly terminated a party cannot charge new fees as it had not been terminated is a general principle of law.

But, as I said, it is to verify that the contract was duly terminated and/or that the termination was not revoked.

Customer: replied 13 days ago.
Thks for your time and information

You are welcome.

Please do not hesitate to contact JA again if you need help and you may ask to speak with me directly if you wish.

Regards.

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