Legal Question in Real Estate Law in Maine

Property Management Dispute

I own a multi family home and have a property management group manage the property. In the original agreement, they were not to do any repairs over $250 without our approval. They recently did a repair for $1000 dollars and set us the invoice without notifying us or consenting with us before the work was done. I don't feel like I should be responsible for the bill (as I wouldn't have approved all of the work). They are threatening a lien, as I haven't paid yet. What are my options?


Asked on 6/29/07, 1:16 pm

1 Answer from Attorneys

Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: Property Management Dispute

The written contract will need to be dusted off and the language reviewed carefully. Are there wany exceptions to the $250 provision, such as repairs to 1 unit, emergencies or other situations? Is the $1000 bill for a single repair or is it the total cost of multiple repairs?

A simple letter with a copy of the cotnract should be sent to the company to document the position, with an invitation to for them to reply in writing as to why they feel that the provision does not apply. You should also indicate how much of the total you do not approve and send the money for the portion that is not in dispute. Maine has a statute that allows for disputed construction costs to be withheld, but does not allow you to hold the undisputed portion as leverage. You should mention that you will get an atty if they file a lien on account of a possible slander of your title, and possible Unfair Trade Practices on their part by engaging in unauthorized repairs. Do you want to fire them or keep the relationship going if this is settled? That should be mentioned as well. Keep a copy of your letter and request a specific date for a written reply.

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Answered on 7/01/07, 10:02 am


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