The problems some Strata corporations are having collecting maintenance fees are shared by several town house complexes across the Corporate Area.  In one case now before the court Lands Creek Management Limited, which manages the Lands Creek Townhouse Complex is asking the court to rule on the non-payment of over $600,000 by one resident, Neville Constantine.

Based on documents filed in court, Lands Creek Management contends that Constantine became a registered proprietor in 2002.  Prior to his acquisition of the property, the previous owner Radley Ritch by an agreement in writing, agreed that the claimant would provide the complex with management and maintenance services in exchange for which the townhouse owner, his heirs and successors would pay to the claimant a fee as their contribution to assessments made from time to time by the claimant.

According to the claimant, since taking possession Constantine has refused to pay for any of the services.  These include maintaining fixtures, exterior lights maintaining pipes, wires and cables, cleaning drains, maintaining walkways among other things.  The claimant has submitted bills for $627,000 covering period June 2002 to March 2009.

In his defence Constantine said he was not legally obliged to pay any maintenance fees, service charges, assessments or otherwise to either he claimant or any person, entity or organizations, which provides, or purports to provide management or maintenance services to the Lands Creek Townhouse Complex.  He denied not paying since taking up possession, pointing out that payments were made to Lands Creek Committee and not the claimant.

However, attorney for the claimant, Anthony Pearson challenged that version saying to date Constantine has failed to provide proof of payment.  Constantine admits, “While there are outstanding sums due, he has not refused to pay.

The defendant states that he offered to pay for services offered save and except the security service.  He said he refused to pay security services because the Committee failed to provide any proper and adequate security service.

According to the defendant money was collected by the Lands Creek Committee from all homeowners for the purpose of painting the exterior of the buildings and common area walls but this was not done.