The Mega **Management Company** thread

spirityboy

looks like MUD was passed on wednesday

http://www.apartmentowners.ie/wp-content/uploads/2010/12/b32c09s-MUD.pdf

Paulw

spirityboy wrote: »

Paulw should that not be each fully paid up member can vote and all votes are equal. I mean someone that owes outstanding service charges should not be allowed propose themselves as a director and sure as hell shouldn't be in any poisition to influence how the company is run and how money is spent.

Only paid members should be permitted to attend the AGM in the first place.

But, yeah, only paid members have a vote.

spirityboy

Paulw wrote: »

Only paid members should be permitted to attend the AGM in the first place.

interesting because i know in the past our agent let any member attend. I know they check people at the door off a list, this might be a way of them nabbing defaulters that have the cheek to turn up and "scream the loadest"

Paulw

At our last AGM two members attended, and when we did a rollcall, and checked, they had not paid. They were given a chance to pay or else they would be asked to leave.

Both paid by cheque on the spot, and were then permitted to stay and vote.

spirityboy

nice. I must recommend we do that at ours. shame them into paying.

you mentioned before about naming and shaming defaulters at AGMs (something I'm all in favour of) is this not a breach of their privacy if its recorded in the minutes? even recording it in the accounts for the year could be considerd the same could it not?

Paulw

As a member of the management company you are entitled to a list of members and also a detailed list of accounts.

So, when you combine both, you are then fully entitled to know who has and who hasn't paid, and how much they have or haven't paid.

balkanhawk

Does anyone know what immediate affect the MUD bill will have on developer controlled estates/management companies once it is signed into law?

Paulw

Once it becomes law, I believe they have 6 months to hand over control of the management company, subject to some provisions in the bill.

Have a read of it, it's not that complex.

balkanhawk

I tried but legalese isnt my thing. Section 4 does state that the common areas must be handed over within 6 months. The section that deals with management companies seems to relate to future companies, not current companies. Anyone know anything about its relevance to current companies?

We are having issues with our company and this bill may really help.

madamab

Our management company is a joke. Everyone has one space because the council only allowed this due to the site being close to the bus corridor. There are a few houses but mostly blocks of apartments which are let out and the landlords tell the tenants they can park anywhere- as a result the whole road is a one way street. The people park in front of the emergency exit and nobody gives a damn. The people that are most effected are the houses as the others park opposite the houses where the people from the houses park their cars and as a result it is difficult to manoeuvre cars in and out of spaces. Double yellow lines have been put down and ignored and in this bad weather one of the cars is going to get a smack of another. For 3 years we have been fobbed off by the the management company lies lies and more lies. They said clamping was voted down by the majority however the majority are apartment landlords and the houses of whom most are owners are in the minority! Also the builder we have just discovered is THE Management company - him and his estranged wife. The builder owns a few blocks which are unsold and which have been let out to one of the university - another story another problem with noise and eggs been thrown at cars at all hours of the night !! He and the wife are the directors and the management company dont fully take it over until all the buildings have been completed either sold or let out. So the builder who is in difficulty financially has all these units let out but is not paying management fees for them and this is affecting the rest of us that do. So we put up with all the s**t and he gets away with it. What can we do - we seem to be in a no win situation - please help!!!

peter_dublin

Hi.

Could anyone advise on what is the actual process for giving permissions in a development for works that affect the common areas. Specifically one unit wants to have a gas installed. Who specifically gives permissions, another two unit have gas already and the residents have no issue with this unit getting connected. Small development of 16 units. Bord Gais has requested written permission. Is this something as a director I would provide in writing. As the stated the other owners are happy with this going ahead. The other units were connected before the managment company existed and there is no record of proof.

Thanks.

Paulw

peter_dublin wrote: »

Hi.

Could anyone advise on what is the actual process for giving permissions in a development for works that affect the common areas. Specifically one unit wants to have a gas installed. Who specifically gives permissions, another two unit have gas already and the residents have no issue with this unit getting connected. Small development of 16 units. Bord Gais has requested written permission. Is this something as a director I would provide in writing. As the stated the other owners are happy with this going ahead. The other units were connected before the managment company existed and there is no record of proof.

Thanks.

Yes, the directors would give such written permission. Keep records - one for the unit, one for the management company and one for Bord Gais.

peter_dublin

Thanks Paulw. Is this something that needs to be consulted with the members each time, I was under the impressions that as I was voted in as director at our last AGM that I no longer need to check such items with each member as we have been "voted" in to perform such tasks per say unless of course it involves a change in lease etc and of course once it wss in the interest of the development per say. That it would be enough to confer and be in agreement with the second director.

I am currently awaiting the head lease etc from the solitor as these items have never been seen by the outgoing director who was informal to say the lease, example, no service provider ever had a contract so when thing went AWOL there was little comeback as there was no contract, nor was there tendering of any sort.

Paulw

For anything major, it would be in the interest of the company, and directors to call an EGM and vote on matters.

For general admin work, new contracts, service providers, etc, I wouldn't see a need for an EGM nor vote.

The directors are elected to run the company. As long as any decisions don't have a negative impact on the development, nor have any major financial cost on the members, I'd say you should, as directors, make those decisions. That's the way we did it.

peter_dublin

Paulw wrote: »

For anything major, it would be in the interest of the company, and directors to call an EGM and vote on matters.

For general admin work, new contracts, service providers, etc, I wouldn't see a need for an EGM nor vote.

The directors are elected to run the company. As long as any decisions don't have a negative impact on the development, nor have any major financial cost on the members, I'd say you should, as directors, make those decisions. That's the way we did it.

Thanks Paul.

Very helpful info.

Peter.

cazart

Hi

I own an apartment in the Dublin 10 area managed by Sky Property Management. I have a leak coming in from an outside wall above a bedroom window. It comes in through the concrete and down through the plint of the window. The plaster is falling away and now the wooden window frame itself is becoming damaged. I've explained this to the management company over a month ago and have explained that the leak occurs when it rains - stressing that this is not a condensation problem and urgent action is required. Following dozens of phone calls the guy in the property management office says to me the other day that the builder is not returning his calls and gives me the mobile number of the guy responsible for these matters and suggests I try myself.

Now I naively replied that surely this is the responsibility of the management company and if the builder is evading responsibilty from the management company then what hope do I have as an individual? Rightly or wrongly it was my presumtion that the management company would sort out any structural/ maintenance problems with the builder. The guy from Sky informed me this is not the case and seems to have washed his hands of the situation. The builder is not answering any of my calls or replying to my messages and I have a large double glazed window being damaged + getting worse.

Can anybody help me out here and clarify if the property management company are responsible for dealing with the builder in this situation or am I left on my own to chase down this guy + ask him nicely to repair the problem? Or has anybody else had a similar situation or any idea on the best way to deal with it. I should add that I am fully paid up in management fees and have never caused any problems in that regard. The most obvious course of action would be to engage a solictor but I'm just not in a position financially to do so at the moment. Any advice would be welcome.

Thanks.

pinkypinky

Contact the directors of your management company - Sky are only the agent. You should find their names on your last set of accounts. If not, you can get get them from the CRO website for a small amount of money. Is the developer still involved or is it a completed building with the common areas handed over?

markpb

It's possible the developer has not vested ownership the structure or common areas to the management company yet and is still legally responsible for their upkeep. I'm not sure about this one....

Paulw

You could always try going via HomeBond, since it's a structural issue.

I think you may also have to contact the directors of the developer, who may also be the directors of your management company, if they haven't transferred the structure and common area to the management company.

cazart

pinkypinky wrote: »

Contact the directors of your management company - Sky are only the agent. You should find their names on your last set of accounts. If not, you can get get them from the CRO website for a small amount of money. Is the developer still involved or is it a completed building with the common areas handed over?

Hi Pinky + Markpb

the buildings were completed five years ago and it is my understanding that responsibility for the common areas have been handed over to Sky.

Am I wrong in assuming that it's the property managements function to deal with the builder on my behalf? Surely this is partly why i'm paying fees no?

Thanks for the replys.

Paulw

You don't pay your fees to Sky. They are just an agent, for your management company. You pay your fees to your management company.

If you live in X Development, then it's most likely that the management company is X Management Company Ltd. Sky have simply been hired by X Management Company Ltd to do the admin work.

They should be dealing with the builder for you. However, if the builder is not responding, then they really should just hire another builder/company to fix the issue.

cazart

Ok Paulw

Thanks for the info, that makes sense. I'll go another round on the phone + see what happens.

kittyn

Hi guys, first time poster here...... I'm just wondering if it is legal for a management company to switch off power supply to an apt for arrears on an account, without final notice, any contact or warning?

Thanks,

The_Conductor

kittyn wrote: »

Hi guys, first time poster here...... I'm just wondering if it is legal for a management company to switch off power supply to an apt for arrears on an account, without final notice, any contact or warning?

Thanks,

Any apartment would have a supply contract with an external power supplier- e.g. ESB, Airtricity, Bord Gais etc, not with the Management Company. It would be up to the external company, their agents or ESB Networks acting on their behalf, to cut off power to a customer, no-one else. A Management Company has no right to unilaterly withdraw access to utilities that are sourced from elsewhere.

Get a copy of your lease- and read it in detail. It details your obligations as a tenant, and the Management Companies obligations towards you (along with your rights and those of the management company).

S.

kittyn

smccarrick wrote: »

Any apartment would have a supply contract with an external power supplier- e.g. ESB, Airtricity, Bord Gais etc, not with the Management Company. It would be up to the external company, their agents or ESB Networks acting on their behalf, to cut off power to a customer, no-one else. A Management Company has no right to unilaterly withdraw access to utilities that are sourced from elsewhere.

Get a copy of your lease- and read it in detail. It details your obligations as a tenant, and the Management Companies obligations towards you (along with your rights and those of the management company).

S.

Thanks S,

I own the property and the power supply has been cut off by the management company and the ESB have told me there is nothing that they can do. I have since phoned the mgt company on several occasions and emailed the directors but I am getting no response at all.......

Paulw

kittyn wrote: »

I own the property and the power supply has been cut off by the management company and the ESB have told me there is nothing that they can do. I have since phoned the mgt company on several occasions and emailed the directors but I am getting no response at all.......

That sounds very weird. Do you pay your electricity bill to the management company or directly to the ESB?

If you pay the ESB, simply phone them and tell them that you are reporting a fault, and that your power is gone. Don't mention the management company or anything like that.

mfodonnell

cazart wrote: »

Hi

I own an apartment in the Dublin 10 area managed by Sky Property Management. I have a leak coming in from an outside wall above a bedroom window. It comes in through the concrete and down through the plint of the window. The plaster is falling away and now the wooden window frame itself is becoming damaged. I've explained this to the management company over a month ago and have explained that the leak occurs when it rains - stressing that this is not a condensation problem and urgent action is required. Following dozens of phone calls the guy in the property management office says to me the other day that the builder is not returning his calls and gives me the mobile number of the guy responsible for these matters and suggests I try myself.

Now I naively replied that surely this is the responsibility of the management company and if the builder is evading responsibilty from the management company then what hope do I have as an individual? Rightly or wrongly it was my presumtion that the management company would sort out any structural/ maintenance problems with the builder. The guy from Sky informed me this is not the case and seems to have washed his hands of the situation. The builder is not answering any of my calls or replying to my messages and I have a large double glazed window being damaged + getting worse.

Can anybody help me out here and clarify if the property management company are responsible for dealing with the builder in this situation or am I left on my own to chase down this guy + ask him nicely to repair the problem? Or has anybody else had a similar situation or any idea on the best way to deal with it. I should add that I am fully paid up in management fees and have never caused any problems in that regard. The most obvious course of action would be to engage a solictor but I'm just not in a position financially to do so at the moment. Any advice would be welcome.

Thanks.

The deeds of your property should say that your windows and exterior walls are owned by the Management Co. In fact they're responsible for where the plaster on your interior walls stops and the concrete of the supporting walls commences. This is to prevent you from putting in your own choice of PVC windows that would make the development look odd.

That puts the Management Co. legally responsible for repairing the damage - either by involving Homebond, or if Homebond are ineffective, to arrange the repairs taking money from the Sinking Fund. Alternatively, the development's Block Insurance should cover it too. (It's there to cover things like a window being smashed in a storm etc.)

The management/maintenance agent should help. It's what they're paid a fee for. If they're ineffective, you should insist that the Board replace them at the next AGM, especially as you're up-to-date with your fees and ought to get better service.

In the meantime though, focus on getting the windows fixed before more damage is done to carpets and belongings. Get an assessor to tot-up the damage and then make your calls to the Directors of the Board. Some individuals use minor damage as an excuse to redecorate their entire apartment, but you sound like an above-board person who just wants the problem sorted out.

Email me offline if you get nowhere.

M

How Strange

cazart, I just pm'd you with contact details for Sisks.

cazart

Thanks everyone for replying and for the the advice+ help,

I had the builders out today and things are in motion.

The_Conductor

cazart wrote: »

Thanks everyone for replying and for the the advice+ help,

I had the builders out today and things are in motion.

Let us know what happens.

Shane