Property management company Ross and Liddell is battling to reach a new agreement with the owners of almost 100 Dundee homes after abandoning legal action against a man who refused to pay his factoring fees.
Thomas Cargill, of Thorter Loan at Merchants Quay, was sued by Ross and Liddell to the tune of £698.76 for not paying more than two years of charges for communal maintenance.
He defended himself at Glasgow Sheriff Court, arguing the company had never produced a contract for the work and won a victory of sorts when the action against him was dropped shortly before a proof hearing last week.
Now the owners of neighbouring homes are being urged to sign up to new agreements.
Mr Cargill said: “I didn’t employ a solicitor because I thought my argument was strong enough I could win without one.
“My argument was simple I don’t think they have a contract to charge people ridiculous amounts varying between £50 and £145 a month.”
The company will have to pay his expenses incurred travelling to Glasgow for two court appearances.
The case has thrown up a dilemma for Ross and Liddell, which has called a meeting with owners in a bid to ensure they can continue to provide maintenance.
Owners are being urged to attend a meeting at HMS Unicorn on February 25 to reconfirm the company’s mandate to carry out works and avoid further arrears.
A letter sent to all properties states: “A minority of owners are seeking to argue that we do not have a formal mandate to act as managing agent.
“In practical terms, without clear authority to recover funds from owners, the position of any managing agent could become untenable.”
The company must gain approval from a majority of owners if it is to be successful in hanging on to the development and has also sent mandate forms to be completed by anyone who wants to give support but cannot attend the meeting.
There are a total of 96 properties affected contained within two large apartment blocks and a town house section, where Mr Cargill lives.
Although there are communal areas, and lifts to maintain in the apartments, Mr Cargill says the services provided to the town houses amount to little more than cutting the communal grass out the back.
He said: “This must be golden grass for them to be charging so much to cut it. You do have to have someone to maintain these areas but we don’t want to be ripped off.
“If this was the Wild West I would be riding into town on my horse with both guns loaded I want to drive them out of Merchants Quay.”
A spokesman for Ross and Liddell said: “Ross and Liddell has delivered property management services at Merchants Quay (Phase 2) since 2008. To ensure full compliance with the development’s deed of conditions, we require to have our appointment ratified by proprietors after expiry of a specified period, which has now expired.
“We have, therefore, called a meeting with the proprietors to seek a formal mandate to allow us to continue managing the development and instruct essential services.
“This mandate is required to ensure that we are able to pursue outstanding common costs, from defaulting owners, on behalf of proprietors.”