If you’ve ever lived in a new estate or apartment block, you’ve probably run into problems with the management company whose job it is to look after shared areas and such like.
Today’s post on the newly RSS-feed equipped McGarr Solicitors site gives you a Notice for you to serve on the company if they are in breach of their duty to you.
All you have to do is copy it, and fill in your details and send it off.
4 Comments
Why cause trouble for your management company when you are the person who will ultimately lose out? Instead, help effect change through state regulation by sharing your experiences of dealing with unscrupulous developers who hide behind their management company. Log onto http://www.buyersbroker.ie to have your say.
Carol,
I don’t see how holding your management company to its legal duties means you ‘ultimately lose out’.
As the Director of Corporate Enforcement said himself launching his public consultation;
“I also appeal to the members of management companies to involve themselves more in company operations and supervision. Every apartment owner has made a substantial investment, and the future return on that investment is critically dependent on how well the management company maintains the complex as a whole.”
Also, there is no need to go through a third party to pass any submissions or suggestions to the Office of the Director of Corporate Enforcement.
S
Hi Simon, I accept what you are saying. By “causing trouble” I am referring to people refusing to pay charges for necessary services and then suffering for the lack of those very services. Instead of withholding payments etc., force your management company to carry out their statutory functions (by virtue of their incorporation as a private limited company). To date, the only remedies available against these entities are under the Companies Acts and as such, these remedies are quite generic. Regulation in this area will deal with the specifics of property management companies. As this is a relatively new area within the property industry it is sensible to consider where these management companies are failing in practice and the legislators may act accordingly. A submission may be made directly to the ODEC, we are merely facilitating people who would might not otherwise have the information, opportunity or conviction to have their voice heard. Buyers Broker Ltd is making a submission in it’s own right, we welcome all views and we will put forward the information as it appears i.e. we will not edit in accordance with our personal opinions. There is no fee involved; we are interested in helping to effect positive change in this area.
Carol Tallon. Buyers Broker Ltd.
There can be at least two types of problems in this space. 1) owners not paying the fees 2) badly ran management companies, whether led by managing agents or with developers still involved. There is also a lot of misinfomation floating around and it was interesting to see reports being produced by the ODCE, the Law Reform Commision and the NCA.
Carol, I have a simple question for now. What is the simplest and chepest way o enforcing a non-paying member of a management company? Is it to start with Solicitor Letters, etc? If so, do you know of a Solicitor who has experience in this area?