I own a house in a private mixed development which consists of apartment blocks (which have lifts), private houses and duplex flats (these do not have lifts).

The management company has a sinking fund that each unit pays into. I understand that this is a communal fund for emergencies which should benefit all who pay into it.

However, it appears that the sinking fund has been spent on lift maintenance. I do not use the lifts, as I do not live in the apartment block. I understand that sinking funds cannot be used for recurring costs.

Can sinking funds be used for maintenance that is not of an emergency nature? Also I pay my service charge, but am I legally obliged to pay into a sinking fund?

Lift maintenance is an annual recurring charge and therefore does not qualify as a charge associated with a multi-unit development sinking fund. The maintenance charges associated with a development’s lift would be itemised in Section B of your budget. Section 19 of the Multi-Unit Developments Act 2011 (MUD Act) clearly states the qualifying costs deductible from a sinking fund.

Refurbishment, improvement or maintenance not recurring within each subsequent year, and qualified advice for same, are considered to be acceptable costs deductible from a sinking fund.

An owners’ management company (OMC) must observe Section 18 (2) of the MUD Act for the service charges to be binding on all members and are recoverable thereafter as a contract debt. That is to say that the members democratically accept the draft budget for the pending financial year at the general meeting.

If some members do not avail of the specific service and feel aggrieved about the charge, they may take comfort in the fact that the capital value of their property is being maintained. In a development where houses and duplexes co-exist with apartments that have lifts that are out of service due to insolvency, all properties are affected by way of a reduced capital value due to the run-down nature of the development and are exposed to capital requirements to ensure the OMC is resourced.

I would draw your attention to Section 24 of the MUD Act where changes to the apportionment of charges where equitable can be made, subject to a Circuit Court order. Other options are to establish numerous OMCs where only one may exist. Rights of way, easements and other complications would need to be considered and as such specialised legal council would be necessary and costly.

Paul Huberman is a chartered properties and facilities management surveyor and a member of the Society of Chartered Surveyors of Ireland.

Can I bid on another house while sale agree on my own?

I am currently selling my house and we have an offer on it. We are considering accepting and going sale agreed. My question is, in the meantime can we bid on a new house or will our bid be taken seriously? We can't afford rent of say €1,500 month for a year and so would prefer to buy quickly. What is the best approach to progress selling our current house and purchasing another?

We have mortgage approval until mid-February and we don’t want to go through the whole application process again. It would be great if you could provide us with sound advice.

Buying and selling properties can be very stressful and any mistake can be expensive. I would suggest that anyone in your position should not rush into a decision which they may regret later.

If you have an estate agent acting on your behalf, it would be advisable to discuss the offer to determine if, in their opinion, it represents the best possible price for your property. Moreover, they can also clearly set out any conditions attached to the offer such as mortgage approval, a sale of a property, survey etc, any one of which could have a significant bearing on your ability to sell the property and in turn purchase a new one.

When a purchaser is in a chain, it can make it very difficult to either make offers or secure a property. This is why cash purchasers are in a far stronger position as they can act with certainty. There are so many variables involved in the process most of which you cannot control.

There are no rules against submitting an offer for a property which you may be interested in. However, it would be prudent, and indeed ethical, to be clear when making the offer, of any conditions attached so the vendor can make an informed decision. Purchasing any property is a large financial commitment and you should be very certain it is the right property for your medium- to long-term needs. I have seen clients, who having sold or agreed the sale of their property, frequently end up purchasing the wrong property.

Unless you can secure an extending closing period on the sale of your own property, it is likely that you will have to rent for a time. It appears that you cannot afford to pay rent of €1,500 per month and therefore I assume that your mortgage payments are going to be lower than this.

If having talked with your agent, the offer is the best price that can be secured, you should give meaningful consideration to it.

With respect to your mortgage, it is highly likely that you won’t have found and secured a new property before mid-February and therefore you will have to go through the application process again. However, your bank will have all of the paperwork which will make it far easier. Your bank will not be able to finalise the mortgage process until such time as you have agreed terms on the purchase of a new house and a valuation has been undertaken. Gerard O Toole is a chartered residential agency surveyor and a member of the Society of Chartered Surveyors Ireland

Vacant property

I own a commercial property, however it has been vacant for some time. My wife and I have decided to spend some time with our daughter and her family who live in Australia. I am terrified that something might go wrong when I am away, given that there will be nobody around to look after it. While flooding shouldn't be an issue I fear that wet and cold weather may cause problems. I would appreciate any advice you can offer in terms of what problems might develop and what I can do to remedy them.

It would be helpful to have more detail about the property’s age, size and location. It is not possible to advise on remedies for any number of problems at this stage. Most damage to property is caused by water. Should moisture enter a concealed unvented void then there is a risk of dry rot. I have seen an old three-storey building where the upper two floors were vacant and had no ventilation. Moisture entered at the eaves from blocked guttering. Within a nine-month period dry rot spread down the inner walls behind the shop fittings at ground floor. The owners paid dearly for lack of maintenance.

However, you are wise to give forethought to the condition in your absence. This can be described as planned preventative maintenance, which is work carried out in anticipation of failure. Typical elements to check are roofs, gutters, downpipes, chimneys, external walls, windows and doors, footpaths and gullies. Review plumbing and heating systems, air conditioning and any wet-pipe systems, water storage tanks and cylinders. Are water services adequately insulated and will heat be left on or will water be drained from the tanks? Are the electrics in order? Are there fully-serviced fire alarms, security and CCTV systems? Is there valuable stock? What is the condition of the adjacent property where defects could impact on your premises?

Check that your building is adequately insured and will be covered in your absence. If you are satisfied that the aforementioned has been considered and is in order then you should have no concerns.

Jim Drew is a chartered building surveyor and a member of the Society of Chartered Surveyors Ireland