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Development Monitoring Group - Updated January 2023

Within BWCRA the Development Monitoring Group (DMG) liaises with Remus, the Consortium and other parties including the Vale of Glamorgan Planning and Highways Departments to clarify issues of general or individual concern to Residents working in a collaborative, proactive but challenging way to support accountability on the waterfront. It is recommended that Residents should make themselves aware of the contractual requirements contained within the Purchase Contract documentation (Contract of Sale, TP1 Schedules, Plot Plans etc).

This update covers:

New Welcome Packs from Remus

Some residents have recently received a welcome pack from Remus following their adoption of new open spaces into the Open Space management in 2022. This welcome pack may have come out of the blue to some residents and a long time after property completion as properties are only handed over to Remus once all public areas are completed. Remus are contracted to manage the Public Open Spaces on the estate and the charges levied are used to maintain the public spaces which will not be adopted by the Vale of Glamorgan council. Residents will have received a welcome pack, along with an invoice for moneys owed for 2022. It is important to check when the invoice is received that any moneys owed to Remus have taken into account any credits from moneys paid to solicitors in advance on completion of your property purchase. If they do not, then this should be queried with Remus.

Maintenance Charge Demand for 2023 - Updates in bold

Members of the Development Monitoring Group had their first meeting of the year with the Regional and Senior Property Managers of Remus on Friday 6th January. Among the matters discussed were the account demands for 2023 and the final accounts for 2020.

Most immediately, we considered the 2023 demands which should be issued within the next 2 to 3 weeks. After consideration of our representations, it is anticipated that the demand will show a marginal increase of less than £1 which, taking into account the wider economics and cost of living increases, seems to be a positive outcome.

Remus recognised that there had been on-going difficulties the preparation of the 2023 demand for which they apologised.

BWCRA are aware that there have been some social media traffic regarding the Remus Management Charge Demands due this month and suggestions made that payment of the Charge should be withheld. Whilst Residents may wish to pursue this course of action, BWCRA would not support this as non-payment would be in breach of the TP1 Agreement signed at the time of property purchase.

The Demand is not an invitation to pay but a demand for payment to be in advance ‘on account’ for Estate Services to be carried out in 2023 based on an assessed budget. There is no provision within the TP1’s for any pay-less process nor for any discussion prior to payment. Any non-payment or late payment will attract Late Payment Charges as stated in TP1 Clause BWCRA understand that the level of charge, in the absence of any stated figure, is covered by the Late Payment of Commercial Debts (Interest) Act 1998.

No figures are included in the TP1’s but it is understood from BWCRA discussion with Remus they do not charge for the initial “First Stage” letter requesting payment usually sent 10 days after payment is due. This letter advises that fees may be incurred if payment is not received. If no payment is received, a “Second Stage” letter is issued for which a fee of £40 is charged. If the matter proceeds further to the “Third Stage” debt recovery stage, a fee of £95 is charged which includes the cost of preparing papers to be forwarded to solicitors.

Any outstanding debts on any individual property may affect the sale of that property in the future in terms of title transfer, re-mortgaging, and/or third party mortgage applications/offers. It should be noted that the demand is a budget only and when Final Accounts for the Year 2023 are produced any underspend will be credited back to the Property or any overspend charged to the Property as part of the next year’s budget.

Any challenges to the Demand should be made following payment of the Demand which if successful would then be reflected as credits, failure to pay would incur late charges.

Residents should ensure that Remus have the correct contact details

If any Resident are experiencing any financial difficulties in making the payment, they should inform and discuss this with Remus without delay.