Bonhill homeowners at war over landscaping fee

Sep 26 2008 by Amanda McKendrick, Lennox Herald (main ed)

HOMEOWNERS on a Bonhill estate are at war over a £1-a-week landscaping charge.

Ten of them were last week summoned to court by Beechwood and Wheatcroft Residents Association for failing to pay the fee.

But some of the people living on the development have hit back, accusing the association of ”hounding” them in its bid to rake in the cash.

The £50 annual fee – which is set at the association’s AGM – covers the upkeep of communal areas and the requirement to pay is written into the title deeds of every property.

Residents who haven’t stumped up have been warned they could land in court.

Association secretary Richard Elder raised a small claims action against the 10 homeowners who haven’t settled their debt.

He confirmed on Monday that not all the cases were now being pursued and that a factor had been brought in to collect payments.

One resident, who did not want to be named, said: “The association act as if we don’t want to pay, without thinking that some people can’t pay.

“People in Beechwood aren’t loaded, there are a lot of flats with single people households and these clowns are hounding us, especially in this climate, for cash which a lot of us don’t have.

“All this is about getting a few wee bits of grass cut. Other estates have that done by the council.

“The association used to collect the money themselves but the committee were sending stuffy letters to people and knocking on their doors, and they started getting heckled in the street by disgruntled residents so they called in a factor to collect the money.

“In the past they have appointed a sheriff’s officer to push people into paying.

“Those who haven’t paid are being told to telephone the resident’s association and explain themselves which basically means that they expect residents to phone another resident and tell all about their financial situation. It’s a proper joke.”

Another resident added: “The association send out letters warning if you don’t pay up, they’ll send your details on to a debt collector.

“There’s also a big threatening bit in the newsletter about court action and how people will end up with a bad credit because they won’t stump up. They think they’re the cops.

“The fee is higher than the cash needed to pay the factor and I think that is part of the reason people resent it.

“Many people aren’t told the fee exists when they buy and suddenly they get hit with this demand and a cheeky letter from the residents’ association.

“They once threatened to name and shame people who didn’t pay.

“There are 450 properties in this estate but only a handful of people in the association because of the way they go on.”

A West Dunbartonshire Council spokeswoman said developers could request that the authority takes on maintenance responsibility for common land.

The council charges a one-off payment of 10 times annual maintenance costs, with land ownership also transferred to the local authority.

She said the council was under no obligation to accept maintenance responsibility for private estates.

Mr Elder, whose name appears on all the court papers, said that the association’s factoring fees were a private matter.

He added: “It’s not something I wish to comment on. It is totally the business of the residents’ association and is not something we would want any publicity for in the paper.

“So print this at your peril.”