Hello KayJay,
It is not my idea- just a legal point of view towards this subject: If a developer requests 15-20 EUR/sq.m, which is obviously ridiculous, you just pay nothing for maintenance until you agree on 8-9 for instance- as simple as that. The developer is no position to be blackmailing owners. That was my point.
Kevin
There are a few points there
1 - it's the maintenance company which charges for maintenance, not the developer. It is often, although not always, the case that the developer and the maintenance company are owned by the same person/company but it is usual for a different company to be set up for this purpose and for the maintenance contract to be with that company.
2 - depending on what is being done, a contract for 15 euros/m2 isn't necessarily "ridiculous", although it is at the top end of the scale that I'm aware of.
3 - the whole point is that by and large we're talking about a maintenance
contract - the time to decide whether or not what you're being charged is "ridiculous" is
before you sign it. Once you have signed, or someone has signed for you with your POA, then it's too late to change your mind and decide that you're going to pay a different amount. If you don't pay then the maintenance company should be taking you to court for breach of contract - and it's no part of the court's function to decide if you're paying too much (or too little for that matter!) It's simply ludicrous to accuse the maintenance company of "blackmailing" owners when they insist on the agreed maintenance being paid, any more than an owner could be said to be blackmailing the company by insisting that they carry out the maintenance that they've paid for....
Most complexes have penalty clauses for defaulters, including fines and/or depriving owners of access to the complex (both provided for within the Condominium Act). In ours, we insist on the maintenance company (owned by the developer) taking legal action against all defaulters; as I said previously, I see no reason whatsoever why people should be allowed to free-load on other owners or to renegotiate their contracts whenever the fancy takes them. They wouldn't expect such behaviour to be tolerated in their home countries so why would they think it should be here? I can imagine what they'd say if their employers decided to unilaterally stop paying them until they agreed to accept a 50% decrease in salary for the same work.
Frankly there are way too many people not paying their maintenance in most complexes - and even more bleating about being "cheated" simply because they didn't have the common-sense to inform themselves about the issues before they blithely signed on the dotted line and committed themselves, and the maintenance company, to a binding contract.