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Apartment management company to be struck off

  • 19-10-2006 10:19pm
    #1
    caldwelk
    Closed Accounts Posts: 17 ✭


    I own an apartment in Temple Place, Grenville street, Dublin 1 and have just found out that the management company(TEMPLE PLACE MANAGEMENT LIMITED) has been issued with a strike off notice by the company's registration office (1 month from 08/10/2006).

    Type Company
    Number 334844
    Name TEMPLE PLACE MANAGEMENT LIMITED
    Address c/o McDonald & Company
    334 North Circular Road
    Phibsboro
    Dublin 7
    Registered 07/11/2000
    Status Strike Off Listed
    Effective date: 08/10/2006

    The management company has not informed any of the owners and when I contacted the agents today (McDonalds & Co), they were extremely arrogant about it and made me feel like it was none of my business. Their attitude was that the mgt company has not actually been struck off yet and so they didn't want to worry apartment owners. Cheeky B******s!!!!!!!

    My issues with the agent aside, has any apartment owner had any experience of having their mgt company struck off by the CRO?
    My information is that it is a very serious thing as apartments cannot be bought or sold and there may be other legal implications, but any information on the matter would be greatly appreciated.

    Also, the agent told me that the CRO probably wouldn't strike off the company because of the implications of it and even if it did, the company could be re-instated within 6 months without much of a problem. Personallly, I wouldn't trust him with the remote control of a TV and so any advice, experience or views on this would also be welcome.


Comments

  • #2
    seamus
    Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    Ultimately, the owners of the apartments, as party to the management company, have a right to fire the management company and appoint a new one.

    If the company is to be struck off, it is an indicator that the company has failed to file any tax returns and/or pay any tax debts, so clearly they're a dodgy bunch of people. I'd try to arrange a resident's association meeting and set about getting in a new management company.

    In reality, there's very little anyone can do about preventing owners from buying or selling, regardless of the position of the management company.


  • #3
    Paulw
    Registered Users, Registered Users 2 Posts: 13,381 ✭✭✭✭Paulw


    Firstly, this IS a major issue.

    The management company are actually the owners of property. McDonalds & Co are only the management agent. It's no skin off their noses if the management company is struck off since it will not effect them.

    It's up to the residents to take ownership of the management company (by holding an AGM or EGM) and appointing their own directors to the company.

    So, form a resident's association, call an EGM (you should invite McDonalds & Co), and then you can fire McDonalds & Co as your management agent and hire someone else.

    Normally the reasons for having a company struck off is for not filing returns or similar offences. Contact the CRO and check the registration details, the company directors and the annual financial returns.


  • #4
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    seamus wrote:
    Ultimately, the owners of the apartments, as party to the management company, have a right to fire the management company and appoint a new one.

    That depends on whether the control of the company has gone from the developers to the apartment owners yet ie. has the company held its first general meeting?
    seamus wrote:
    I'd try to arrange a resident's association meeting and set about getting in a new management company.

    Problem with that is that the new management company has absolutely no right or entitlement to make any decision whatsoever in connection with that apartment complex. The company that will be struck off is the company that has the freehold in the common areas (if that contract is completed) and the freehold reversion in the apartments, and no new company can simply slot in.

    I'd say do a search in the companies office and ascertain the names of the current directors and get your Solicitor to write to them about it warning them that they may be personally liable for the considerable costs of reincorporation if they allow the company be struck off. Write to the Registrar of Companies as a member of the company and ask for some time. And go about calling an EGM in accordance with the Memo and Arts of the Company.


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