Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Please note that it is not permitted to have referral links posted in your signature. Keep these links contained in the appropriate forum. Thank you.

https://www.boards.ie/discussion/2055940817/signature-rules
Hi all,
Vanilla are planning an update to the site on April 24th (next Wednesday). It is a major PHP8 update which is expected to boost performance across the site. The site will be down from 7pm and it is expected to take about an hour to complete. We appreciate your patience during the update.
Thanks all.

Clamping by Management Company

Options
  • 13-07-2012 3:13pm
    #1
    stephenbrow
    Registered Users Posts: 93 ✭✭


    Looking for advice on this..

    I and a number of my neighbors are in dispute with our management company, to get payment they will bring in permit parking and they are saying they will clamp cars that do not have a permit. Anyone in arrears cannot buy a €12 permit until full arrears paid.

    Question is Can the legally clamp you on the spot you bought with your apartment and is registered on your deeds. Private property owned by the home owner ?
    Tagged:


«1

Comments

  • Options
    #2
    smash
    Closed Accounts Posts: 34,809 ✭✭✭✭smash


    put up a sign:

    "This is a private parking spot, any unauthorised property left here will be disposed of. This includes clamps!"

    See how they like that.... At least you've given them warning, and they seem to treat their signing as a legal contract.


  • Options
    #3
    listermint
    Registered Users Posts: 33,613 ✭✭✭✭listermint


    Vote them out? Thats what owners have the power to do....


  • Options
    #4
    Guy:Incognito
    Registered Users Posts: 38,247 ✭✭✭✭Guy:Incognito


    listermint wrote: »
    Vote them out? Thats what owners have the power to do....

    People dont pay thier bills? Answer? Get rid of the people collecting the bills. Genius. :rolleyes:


    Sure lets do away with the government and none of us will have to pay tax.


  • Options
    #5
    listermint
    Registered Users Posts: 33,613 ✭✭✭✭listermint


    Guy:Incognito wrote: »
    People dont pay thier bills? Answer? Get rid of the people collecting the bills. Genius. :rolleyes:


    Sure lets do away with the government and none of us will have to pay tax.

    Didnt he say they have an issue with the management company. Would you pay bills to someone to do a half arsed job?

    Yep, didnt think so (rollseyes).....


  • Options
    #6
    Guy:Incognito
    Registered Users Posts: 38,247 ✭✭✭✭Guy:Incognito


    listermint wrote: »
    Didnt he say they have an issue with the management company. Would you pay bills to someone to do a half arsed job?

    Yep, didnt think so (rollseyes).....

    IS the dispute over the clampign or something else? The way its worded it could be either. Even if its not, how do you know the op isnt completely in the wrong over whatever it is?


  • Advertisement
  • Options
    #7
    listermint
    Registered Users Posts: 33,613 ✭✭✭✭listermint


    Guy:Incognito wrote: »
    IS the dispute over the clampign or something else? The way its worded it could be either. Even if its not, how do you know the op isnt completely in the wrong over whatever it is?

    The dispute is over something else its quite clear from the original post.

    Incidently how do you know the OP is in the wrong along with the other tenants with the same problem.

    You get a guy to build a shed and he builds four walls and no roof and asks for the money.. would you pay the guy ?


  • Options
    #8
    Guy:Incognito
    Registered Users Posts: 38,247 ✭✭✭✭Guy:Incognito


    listermint wrote: »

    Incidently how do you know the OP is in the wrong along with the other tenants with the same problem.

    I didnt say he was wrong I said how do you know he isnt. As with the other threads, people love to jump in and instantly curse anything to do with clamping.

    If you've read the other similar thread I suggested people vote out managment companies or turn up to meetings and vote against clamping. People seem happy to just float along though in a lot of cases with the attituted of "if it doesnt directly affect me , I dont car", until such time it does and then they want it sorted NOW.


  • Options
    #9
    listermint
    Registered Users Posts: 33,613 ✭✭✭✭listermint


    Guy:Incognito wrote: »
    I didnt say he was wrong I said how do you know he isnt. As with the other threads, people love to jump in and instantly curse anything to do with clamping.

    If you've read the other similar thread I suggested people vote out managment companies or turn up to meetings and vote against clamping. People seem happy to just float along though in a lot of cases with the attituted of "if it doesnt directly affect me , I dont car", until such time it does and then they want it sorted NOW.

    I didnt jump in with anything to do with clamping.....

    You did. I said vote them out...

    Im not sure where your going with this. TBH its more of a accommodation issue.


  • Options
    #10
    Thatnastyboy
    Registered Users Posts: 1,254 ✭✭✭Thatnastyboy


    Well I dont know the legalities of it,

    but.. if I bought a piece of land to park my car on as part of purchasing an apartment, you can be assured that any clamp or object brought onto it without express permission would be obliterated, I wonder would it also amount to trespass?

    However if the space is leased it's slightly different, Id still remove the clamp of my own accord but without damaging it.


  • Options
    #11
    godtabh
    Moderators, Science, Health & Environment Moderators Posts: 23,204 Mod ✭✭✭✭godtabh


    smash wrote: »
    put up a sign:

    "This is a private parking spot, any unauthorised property left here will be disposed of. This includes clamps!"

    See how they like that.... At least you've given them warning, and they seem to treat their signing as a legal contract.

    They general arent private spaces. They are leased spaces.


  • Advertisement
  • Options
    #12
    smash
    Closed Accounts Posts: 34,809 ✭✭✭✭smash


    godtabh wrote: »
    They general arent private spaces. They are leased spaces.
    Well if you buy the lease, then it's your space.


  • Options
    #13
    Boardmaster
    Registered Users Posts: 54 ✭✭Boardmaster


    You could always hire a clamping company and send them to the Management company office :D

    doesn't seem like a fair way for the company to be operating. If they have an issue, court is the option and not a clamping company. Good luck


  • Options
    #14
    jd
    Registered Users Posts: 5,680 ✭✭✭jd


    stephenbrow wrote: »

    Question is Can the legally clamp you on the spot you bought with your apartment and is registered on your deeds. Private property owned by the home owner ?
    What exactly does it say on the lease? You may have a licence to use it and there may be conditions attached to that.


  • Options
    #15
    Popoutman
    Registered Users Posts: 1,363 ✭✭✭Popoutman


    Is the issue with the Management Company, or the group/entity appointed by the Management Company to do the day to day management of the estate (the Agent)?

    I's an important distinction, as every owner in the estate should be a member of the Company, and that entity is completely separate to the Agent. If the Agent is half-arsed and in breach of their contract, call an EGM of the Company and offer the management out to tender.

    The Agent is required generally to act on the instruction of the Company - so get the Company to instruct the agent..

    As far as I am aware you are perfectly free to remove the clamps as long as you do not damage the clamps, but do feel free to put up a note in the car window to the effect that any clamps will be forcibly removed at the clamping entity's cost..


  • Options
    #16
    Hal1
    Registered Users Posts: 8,720 ✭✭✭Hal1


    There was a thread here recently with some good advise on what to do :D.


  • Options
    #17
    godtabh
    Moderators, Science, Health & Environment Moderators Posts: 23,204 Mod ✭✭✭✭godtabh


    smash wrote: »
    Well if you buy the lease, then it's your space.

    You don't buy the lease. The lease gives you permission to park your car subject to their T&C


  • Options
    #18
    jd
    Registered Users Posts: 5,680 ✭✭✭jd


    Popoutman wrote: »
    I If the Agent is half-arsed and in breach of their contract, call an EGM of the Company and offer the management out to tender.
    He may not be able to do that, as he is in arrears/refusing to pay service charges.


  • Options
    #19
    kildare.17hmr
    Closed Accounts Posts: 3,617 ✭✭✭kildare.17hmr


    Put a sign on your car window saying any clamps will be removed by what ever means nessisary and just cut them off if you get clamped.

    Check out the last 2 clamping threads to see your perfectly in The right to do this and remove any clamp on private land


  • Options
    #20
    galwaytt
    Registered Users Posts: 12,761 ✭✭✭✭galwaytt


    stephenbrow wrote: »
    ... to get payment they will bring in permit parking and they are saying they will clamp cars that do not have a permit. Anyone in arrears cannot buy a €12 permit until full arrears paid.

    That's extortion, plain and simple.

    Get your solicitor on to it pronto, and tell them interfering with your car will result in legal proceedings. If they have an issue with you and fees, they can do what they did with BOD and Amy.......they can take you to court.

    But they can't touch your property, and make sure you tell them so, in writing. It's time to put these bullies back in their box, imho.

    Ode To The Motorist

    “And my existence, while grotesque and incomprehensible to you, generates funds to the exchequer. You don't want to acknowledge that as truth because, deep down in places you don't talk about at the Green Party, you want me on that road, you need me on that road. We use words like freedom, enjoyment, sport and community. We use these words as the backbone of a life spent instilling those values in our families and loved ones. You use them as a punch line. I have neither the time nor the inclination to explain myself to a man who rises and sleeps under the tax revenue and the very freedom to spend it that I provide, and then questions the manner in which I provide it. I would rather you just said "thank you" and went on your way. Otherwise I suggest you pick up a bus pass and get the ********* ********* off the road” 



  • Options
    #21
    Stark
    Registered Users Posts: 20,891 ✭✭✭✭Stark


    Guy:Incognito wrote: »
    People dont pay thier bills? Answer? Get rid of the people collecting the bills. Genius. :rolleyes:

    Sure lets do away with the government and none of us will have to pay tax.
    Guy:Incognito wrote: »
    If you've read the other similar thread I suggested people vote out managment companies or turn up to meetings and vote against clamping.

    So which is it then? Vote out or don't vote out? :rolleyes:


  • Advertisement
  • Options
    #22
    helen1
    Registered Users Posts: 112 ✭✭helen1


    If you are in arrears you are not entitled to a vote at the agm or other meetings.


  • Options
    #23
    Gary ITR
    Closed Accounts Posts: 16,805 ✭✭✭✭Gary ITR


    If you want any help.or advice please feel.free to drop me a pm


  • Options
    #24
    Paulw
    Moderators, Society & Culture Moderators Posts: 13,381 Mod ✭✭✭✭Paulw


    Simple really, just pay your management fees.

    You don't own the space, you simply have exclusive use of it. The management company have the responsibility for the space. They can bring in clamping, and it is usually voted in at an AGM. Of course, those who haven't paid their fees can't vote at an AGM, so can't overturn such a decision.

    This happens in a good number of private developments, and is a very effective way of getting people to pay their fees (which they are legally bound to do by their Lease Contract).

    As for "these bullies" ... they are the other members of the management company, the other people who own units there, and those who actually pay their management fees. The management agent simply does as instructed by the management company, which is made up of all unit owners in the development.


  • Options
    #25
    Gary ITR
    Closed Accounts Posts: 16,805 ✭✭✭✭Gary ITR


    Paulw wrote: »
    Simple really, just pay your management fees.

    You don't own the space, you simply have exclusive use of it. The management company have the responsibility for the space. They can bring in clamping, and it is usually voted in at an AGM. Of course, those who haven't paid their fees can't vote at an AGM, so can't overturn such a decision.

    This happens in a good number of private developments, and is a very effective way of getting people to pay their fees (which they are legally bound to do by their Lease Contract).

    As for "these bullies" ... they are the other members of the management company, the other people who own units there, and those who actually pay their management fees. The management agent simply does as instructed by the management company, which is made up of all unit owners in the development.
    Sorry but from my experience you're talking through your backside. Fees are paid on my apartment yet two cars out of it have been clamped.

    No room for recourse with the clampers and the management company are doing nothing about it. So I took matters into my own hands this week and tbh I'm enjoying the craic with the clampers now


  • Options
    #26
    Paulw
    Moderators, Society & Culture Moderators Posts: 13,381 Mod ✭✭✭✭Paulw


    Gary ITR wrote: »
    Fees are paid on my apartment yet two cars out of it have been clamped.

    No room for recourse with the clampers and the management company are doing nothing about it.

    That then is a matter you need to escalate to the directors of your management company (not the management agent), and the clampers should refund you totally.

    There is always room for recourse. If you pay your fees you should get your parking permits, or whatever way they work in your development, and any clamping after that is improper.


  • Options
    #27
    Gary ITR
    Closed Accounts Posts: 16,805 ✭✭✭✭Gary ITR


    Paulw wrote: »
    Gary ITR wrote: »
    Fees are paid on my apartment yet two cars out of it have been clamped.well you enjoy your perf

    No room for recourse with the clampers and the management company are doing nothing about it.

    That then is a matter you need to escalate to the directors of your management company (not the management agent), and the clampers should refund you totally.

    There is always room for recourse. If you pay your fees you should get your parking permits, or whatever way they work in your development, and any clamping after that is improper.
    Well you enjoy your perfect little world filled with honest management agents and clampers that refund without argument


  • Options
    #28
    Paulw
    Moderators, Society & Culture Moderators Posts: 13,381 Mod ✭✭✭✭Paulw


    Gary ITR wrote: »
    Well you enjoy your perfect little world filled with honest management agents and clampers that refund without argument

    Like I said, bypass the management agent, and deal with the directors of your management company. You can find their details on the CRO website, if you don't already know them. They should be fellow unit owners, elected at your AGM each year.

    In our development, we have had mistakes by the clampers, which were refunded in full. Just a matter of dealing with the right person. It's certainly not perfect, but more often than not, it works.


  • Options
    #29
    Gary ITR
    Closed Accounts Posts: 16,805 ✭✭✭✭Gary ITR


    Paulw wrote: »
    Gary ITR wrote: »
    Well you enjoy your perfect little world filled with honest management agents and clampers that refund without argument

    Like I said, bypass the management agent, and deal with the directors of your management company. You can find their details on the CRO website, if you don't already know them. They should be fellow unit owners, elected at your AGM each year.

    In our development, we have had mistakes by the clampers, which were refunded in full. Just a matter of dealing with the right person. It's certainly not perfect, but more often than not, it works.
    Well my way has worked every time and.only cost a few minutes of my time :pac:


  • Options
    #30
    Anan1
    Registered Users Posts: 22,818 ✭✭✭✭Anan1


    Gary ITR wrote: »
    Well my way has worked every time and.only cost a few minutes of my time :pac:
    You're consistently avoiding addressing Paulw's points. Telling him he's 'talking through his backside' is no substitute for a coherent argument. If you think he's wrong then why not explain why?


  • Advertisement
  • Options
    #31
    Gary ITR
    Closed Accounts Posts: 16,805 ✭✭✭✭Gary ITR


    Anan1 wrote: »
    Gary ITR wrote: »
    Well my way has worked every time and.only cost a few minutes of my time :pac:
    You're consistently avoiding addressing Paulw's points. Telling him he's 'talking through his backside' is no substitute for a coherent argument. If you think he's wrong then why not explain why?
    Consistently? I wouldn't call your guff and rubbish coherent either. Its one tracked and blinkered.


Advertisement