Another management company issue

Stephen P

Can someone answer a couple of questions for me please?

Do residents have more control over things if the developer hands over the development to the residents?? What kind of control do residents have?

I'm having trouble with teenagers hanging around the landing areas smoking. The management co. said to contact the garda, the garda say they can't do anything because its private property? Who's responsibility is it? I don't want to approach the kids them because they'll know where I live. They get in because there's no proper security door from the underground carpark into the block and the car park gate is broken. I've refused to pay the fee's till they get some proper security door installed. They say they're waiting for the final snag to be done for the builder and then it will be handed over then to the residents.
Do the fee's go down once its handed over? The fee's are very high as it stands (E1,700). Some of you may say its not that high but they don't do anything special to warrant that kind of fee.
They make promises they don't keep. The sooner the industry is regulated the better!! :mad:

Paulw

Yes, you have more control when it's handed over. It's up to the elected directors to decide how the money is spent, and that then decided how much everyone pays in management fees. Your fees may not decrease, and may even increase. It's never black and white.

The Gardai can deal with the issue. Report that the kids are trespassing. We've had that problem, and the gardai do respond.

There's no real way to know if your fees are high or not. It depends on your development, and the costs of running it.

markpb

stephen p wrote: »

The management co. said to contact the garda, the garda say they can't do anything because its private property?

If they're trespassing but without intent to steal or injure someone, all the management company can do is take a civil trespass case against them. I don't need to point out that taking kids to court is probably impossible. The Gardai (especially the community Gardai) can't do much else but they'll usually call out and ask the kids to move along.

They get in because there's no proper security door from the underground carpark into the block and the car park gate is broken. I've refused to pay the fee's till they get some proper security door installed.

It's a bit worrying that there's no security doors and you should definitely lobby for it to happen but withdrawing fees is a waste of your time. The MA has no control over work done to the estate, it's all with the builder for now. They'll just wait until a time has passed and give your file to a debt collection agency.

Do the fee's go down once its handed over? The fee's are very high as it stands (E1,700). Some of you may say its not that high but they don't do anything special to warrant that kind of fee.

Typically no, the builders usually keep the fee low while they're selling to attract buyers. When it's sold and when things have bedded down, the price usually goes up. When the builder vests control to the owners, you have a better chance of controlling your finances and you may be able to lower your costs.

Stephen P

Thanks for all the replies. We're not due to pay the fee's till the end of July so I may give in and pay by then

bobbysands81

stephen p wrote: »

Thanks for all the replies. We're not due to pay the fee's till the end of July so I may give in and pay by then

Stephen, refusing to pay your fees is the worst thing you can do - do not even contemplate this. You have a legal responsibility to pay your fees, you signed a contract stating you would, therefore if this goes to court you will lose and it will cost you far more than your Annual Service Charge.

Builders are meant to initiate the handover when they sell the last unit, unfortunately this does not always happen and there are cases going on 25+ years where the builders just don't do it. This is all going to change though in the coming months/year with new legislation by the Dept of Justice and hopefully a voluntary Code of Practice between builders and the National Consumer Agency. When the handover happens the owners (through the elected Directors) will control the company and then you have the legal responsibility of running the company.

I'm sure the kids are trespassing, can you get them moved on that way? The common areas are private property after all. There's also the security and fire risk of the kids smoking indoors. As a result it is very much a problem that the Management Co (or their Agents) need to sort out. The directors of the Management Co are legally responsible to ensure that the common areas are maintained properly, letting kids into these common areas and smoking is not maintaining something in my opinion, nor is it protecting your home/investment.

Regulation is on it's way, in the meantime, as already stated, do NOT refuse to pay your fees.

MysticalSoul

I had a situation like this last year. Kids were hanging out (just by my window) until 4am!!! It was mid-week too, I contacted the Management Company, and was told there was nothing they could do as they were non-residents. I did ask them to keep it down twice - and even though they were polite to me, they didn't even attempt to keep it down. Like in your situation the Management Company said to contact the guards.

How Strange

irishamethyst wrote: »

I Like in your situation the Management Company said to contact the guards.

I'd say it's a matter for your community garda but your agent could help you out. It's good practice for the MA to build a relationship with the local gardai. I had a similar problem when I managed a large development and I rang the gardai and cajoled them into doing scheduled patrols on bicycles or in cars around the area.

This is another example of bad planning; the gardai are just under resourced to cope with all these new developments and the resulting problems. The community gardai scheme is vastly under funded.

bobbysands81

irishamethyst wrote: »

I had a situation like this last year. Kids were hanging out (just by my window) until 4am!!! It was mid-week too, I contacted the Management Company, and was told there was nothing they could do as they were non-residents. I did ask them to keep it down twice - and even though they were polite to me, they didn't even attempt to keep it down. Like in your situation the Management Company said to contact the guards.

If the kids are on property owned by the Management Co then for reasons of security etc... it is relevant to the Management Co and also to the Gardai.

markpb

bobbysands81 wrote: »

If the kids are on property owned by the Management Co then for reasons of security etc... it is relevant to the Management Co and also to the Gardai.

It is but legally there's nothing they can do...

Jo King

If a person is trespassing on private property the person in occupation is entitled to use force to remove them. Usually if a request is made to someone to leave and they refuse to do so the garda can be called to avert a possible breach of the peace. The garda will ask the trespasser to move.