Charlesland Court Resident

rosicky

Hi All,

New to the site but been living in the court for a year. I recieved a letter the other day from the management company regarding the removal of my satellite dish and if not removed that this would be dealt with by the Planning Enforcement Commitee of the Wicklow County Council. Has anyone else recieved such a letter and if so what are your views of this? I point blank refuse to remove this seems as though the management company as well as having the right to up fees whenever they want can also tell us what we can and cannot do with our own properties.

gstonesmx5

it might be i your signed contract that you cannot put them up but you can also argue that if your property is damaged (ie removal) and stolen (ie removal) then you will contact the cop shop and report it.
this might also not be very serious and you need to find out from the managment company and you commitie members how far they will go.
good luck with it.

williamb

>>if not removed that this would be dealt with by the Planning Enforcement >>Commitee of the Wicklow County Council.

They're likely bluffing on this. A satellite dish is generally exempt development* and Wicklow Co. Co. planning department will have no interest in it.

http://www.dlrcoco.ie/planning/oftenasked.htm

*Provided it obeys the following rules, from web site :-
14. Can I erect a Satellite Dish without permission?



Yes. Provided that:

1. Only 1 per house.

2. Max. Diameter 1 metre.

3. Not to be erected on, or forward to the front wall of the house.

4. Not to be erected on the front roof slope or higher than the highest part of the roof.

mmalaka

Hi

I rented an apartment in CharlesLand Park; and I wanted to get this Satellite but the Agent said this is not allowed!!!!

Although the apartment which is exactly on top of mine already get one before one week!!!

I do not know what I should do; coz the agent is refuseing but I am thinking to just ignore him and do it

What do u think??

Eoin

mmalaka wrote:

Hi

I rented an apartment in CharlesLand Park; and I wanted to get this Satellite but the Agent said this is not allowed!!!!

Although the apartment which is exactly on top of mine already get one before one week!!!

I do not know what I should do; coz the agent is refuseing but I am thinking to just ignore him and do it

What do u think??

I certainly wouldn't do it if I was renting. It is up to the owner, or the rental agent acting on their behalf to decide whether they want to risk putting up a dish against the rules.

mmalaka

I do not like to break the rules...

I tryed to talk with the agent many times; and i request the phone number of the owner but he just insist that this is not allowed!!!

Eoin

mmalaka wrote:

I do not like to break the rules...

I tryed to talk with the agent many times; and i request the phone number of the owner but he just insist that this is not allowed!!!

The owner is probably playing the cost of a months rent to the agent, precisely not to have to deal with these issues. The owner is well within their rights to not allow a dish, even if it wasn't specified in the lease that s/he signed.

Although the NTL service is not great, I don't think it's bad enough to justify arguing with your landlord about.

mikedragon32

I've been in the Wood for two years and some of our neighbours have had dishes since almost day one. They received letters from the managment co. and then it was mentioned at the residents' meeting last year, but to date they've done nothing else.

We had a dish installed about three months ago and haven't heard anything but if the agents think they can come on to private property to remove a dish (which is also private property), they're badly mistaken.

mmalaka

When I told the Agent that a lot of people have this dish; he said that the managment company for sure they will force them to remove; he also mention that the company can come and simply cut the Dish cables and take it away!!!

also he said that this would include charges and another big problems!!!

mikedragon32

mikedragon32 wrote:

I've been in the Wood for two years and some of our neighbours have had dishes since almost day one. They received letters from the managment co. and then it was mentioned at the residents' meeting last year, but to date they've done nothing else.

We had a dish installed about three months ago and haven't heard anything but if the agents think they can come on to private property to remove a dish (which is also private property), they're badly mistaken.

Exactly.
It's your private property and you are well within your rights to tell the management company to F off in my opinion.

You might try raising the issue here

Eoin

Tristrame wrote:

Exactly.
It's your private property and you are well within your rights to tell the management company to F off in my opinion.

You might try raising the issue here

They may not have the right to take it down, but they do have the right to request that you take it down.

We all signed a lease upon completion, which said that satellite dishes are not allowed. Like it or not, that's what we signed up to. The rule about dishes is a pretty standard clause, which dates back to when dishes were monstrous looking things that wouldn't look out of place in an airport. These days, they are a lot more subtle. Also, I think you can get one dish to serve two houses - though I don't know if this will preclude you signing up for additional services, e.g. Sky Plus.

I brought this issue up at the management company's AGM a couple of weeks ago, and the representative from the management company said that this is something you can bring up with your management committee. It may be possible to have this clause removed from the lease if you can get concensus from the other members.

A lease of what though?I'm not ofay with what you are talking about here,I'm just outlining property rights,constitutional property rights associated with property that you own.
Not rented property.
Do you own the wall of your appartment or not?
Do you have a deed to that property and who is the registered owner?

If you own the property,I'd suggest that the management company's signed document has about as much enforceability as a catholic churches pioneer pin.

eoin_s

eoin_s wrote:

Also, I think you can get one dish to serve two houses - though I don't know if this will preclude you signing up for additional services, e.g. Sky Plus.

Sky plus requires a quad lnb on the dish which is capable of running 2 sky plus boxes and yes they can be in adjoining houses.
If you are getting subsidised equipment,you will need a land line and the digibox connected to that for 12 months after which you have ownership of the equipment in full.
Thats how that works.

Eoin

Tristrame wrote:

A lease of what though?I'm not ofay with what you are talking about here,I'm just outlining property rights,constitutional property rights associated with property that you own.
Not rented property.
Do you own the wall of your appartment or not?
Do you have a deed to that property and who is the registered owner?

If you own the property,I'd suggest that the management company's signed document has about as much enforceability as a catholic churches pioneer pin.

I'm not too sure about the finer legal points at all, but as I understand we own the structure of the house / apartment, but not the land it is on. This may differ for the houses that don't have an apartment below, or duplex above it; I am not too sure. From what I remember, in effect we are just renting our apartment for 999 years or something like that.

When we purchased the house, we agreed to be bound to the contract with the management company. I would be most surprised if this contract is not binding.

cch

Similar discussion currently going on here -
http://www.boards.ie/vbulletin/showthread.php?t=2054945036

and same theme mentioned in "Anybody not paying Maintenance Fees?" thread in this forum, hot topic indeed!

LMC

I got that letter too and I dont even have a dish!!! But Eoin is right it was in our contracts and when it was brought up at the AGM for the Court, they said they were not allowed and could have them removed, but the Wood has been there longer then us and they still have there dishes.........so I would imagine if everyone got together and said NO they couldnt really do anything.....but there were people at our AGM who agreed with having them removed - personally it doesnt bother me either way.... there is more important issues they could be doing with for our money.......i.e. who is going to pay to have them removed...!!?!?!?!

Eoin

LMC wrote:

I got that letter too and I dont even have a dish!!! But Eoin is right it was in our contracts and when it was brought up at the AGM for the Court, they said they were not allowed and could have them removed, but the Wood has been there longer then us and they still have there dishes.........so I would imagine if everyone got together and said NO they couldnt really do anything.....but there were people at our AGM who agreed with having them removed - personally it doesnt bother me either way.... there is more important issues they could be doing with for our money.......i.e. who is going to pay to have them removed...!!?!?!?!

Are Court and Wood under the same management company? If not, then I'm afraid it doesn't matter whether the Wood have them up or not. I think each management company has the power to change it's contact with the members, so it is possible that there will be different rules for the estates down the road.

One more thing to bear in mind is that some people seem to be making the assumption that most the members are actually in favour of being allowed to put dishes up. There could be an equal amount of people out there who have paid their fees and are pìssed off that people are breaking the rules and putting them up.

eoin_s

eoin_s wrote:

I'm not too sure about the finer legal points at all, but as I understand we own the structure of the house / apartment, but not the land it is on. This may differ for the houses that don't have an apartment below, or duplex above it; I am not too sure. From what I remember, in effect we are just renting our apartment for 999 years or something like that.

When we purchased the house, we agreed to be bound to the contract with the management company. I would be most surprised if this contract is not binding.

Well my understanding of it would be that it is your property,you have the deed to the property and the management company have no legal right to interfere with your rights as owner unless they have a registered burden on that deed.

Go tell them that and let them put it in their pipe and smoke it.
Any judge would throw them out of the court if they tried it on without any legal say in your property.

Your contract with the management company and regardless of what it says regarding dishes is immaterial and irrelevant because it is not a registered burden on your folio.
If it is,then you are in trouble alright,but I very much doubt it.

eoin_s

eoin_s wrote:

One more thing to bear in mind is that some people seem to be making the assumption that most the members are actually in favour of being allowed to put dishes up. There could be an equal amount of people out there who have paid their fees and are pìssed off that people are breaking the rules and putting them up.

What rules though? If its not registered as a burden on the property,it doesnt mean didly squat.

LMC wrote:

I got that letter too and I dont even have a dish!!! But Eoin is right it was in our contracts and when it was brought up at the AGM for the Court, they said they were not allowed and could have them removed, but the Wood has been there longer then us and they still have there dishes.........so I would imagine if everyone got together and said NO they couldnt really do anything.....but there were people at our AGM who agreed with having them removed - personally it doesnt bother me either way.... there is more important issues they could be doing with for our money.......i.e. who is going to pay to have them removed...!!?!?!?!

With respect as I keep emphasising,if its not in breach of wicklow co.co's planning laws and you own the property with no burden other than your mortgage,then the management company either dont know what they are talking about or are trying it on.

The only thing a management company can do to you as far as I'm aware is register a charge on your property if you dont pay your management fees.
Anybody can do that if you owe them money.
They have no right whatsoever to ordinarally interfere with your property rights as long as you adhere to the planning laws.



Now without seeing your folio's I cant determine if there is a management company burden on your property but I'd be very surprised if there was.
Ask your solicitors folks,or better still,put up your dish if you want and let them try to have you take it down.They cant to the best of my knowledge.

Eoin

Sorry, I don't really understand what a "registered burden" is; but if one of the conditions of the purchase was being bound to signing a contract, which explicitly states that dishes are not allowed, I would have thought that this was 100% legally binding.

@rosicky: I think that the folks in the "legal issues" forum would be able to give a more definitive answer on this one way or the other - I can move this thread to that forum if you wish?

Eoin

A registered burden is a condition wrote into your ownership deed.

Your contract with the management company should be a separate contract totally independent of that deed.It couldnt possibly have any effect legally on your constitutional ownership rights.