ARMA ASK THE PROFESSIONALS SURGERY BruceMaunder Taylor, a chartered
surveyor and member of ARMA’s Council, provides answers to readers’ questions
QUESTIONThegardener in ourblockwas recently replaced for no obvious reason, so I contactedhim andhetoldmethat hewasnot prepared to pay themanaging agent 10%of his bill. That so surprisedmethat I went to see the newgardener andasked if he pays 10%tothe managingagent.Hecandidlyadmitted that he does and said that it’s the industry norm.Iama little bit shocked. Is that true?
ANSWERMost
definitelynot.The wayyou describe it,ahiddenpayment wasbeing demanded by themanagingagent forawardinga servicecontracttobepaidfor fromTrustmonies (S.42 – 1987 Act). A fewmanaging agents have a contract inwhichtheir feeiscalculated,inwhole or in part,byreference to apercentageofcosts, but such payment and its calculation is shown on theinvoice andseparatelycharged to theservice chargeaccount: it is notcollected direct from theservice
supplier.AsofJuly1st,the Bribery
Actcameintoeffect.Compliancerequiresthat yourmanaging agenthas an anti-bribery policy and takes active steps to prevent bribery. What youdescribeseemsto be bribery. Youneed to establish howyourmanaging agent calculates his fees, ask for a copy of his anti-bribery procedure, confirm in writingtothe gardeners what they told youabout this 10%payment and, in thefirst instance,takethematter up with a senior person at thefirm of themanagingagent. Dependingontheir reply, assuming youreceive one, youmay wish to take thematter further.
TheAssociationofResidentialManagingAgents (ARMA)is the only professional body in England and Wales to focus exclusively on themanagement of residential leasehold blocks of flats. Withmore than 260member firms,ARMAaims to promote excellence in the leaseholdmanagement sector and to represent the interests of itsmembers, lessees, residentmanagement companies (RMCs) and investor freeholders.
Flat Living Autumn2011 35
Surgery
Findanagent Guidence Directory
35 38 42 44
Ifyouhaveaquery, email it to
info@flat-living.co.uk
Allnamesand addressesare withheld
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