Problem Management Companies

derPixie

Please move if this belongs in a more appropriate section.

Has anyone any advice on our recourse when a management company simply ignores all complaints whether directed to them or through a director's committee?

There are a huge number of issues in our development. They begin with poor maintenance with grounds in need of cleaning and repair. We also have tenants who breache their lease terms (or that of their landlords) by hanging their clothes on balconies and even disposing of rubbish in some cases, by leaving it on balcony areas.

The trees and plants have been uprooted and damaged by children.

These problems are making what could be a lovely apartment development into an eye-sore. This in turn, devalues our property if we decide to sell.

We have approached our management company a great number of times, trying to put our argument across in a reasonable manner only to be greeted with silence. When a representative did come to the development, he claimed ignorance of these issues.

We pay our management fees and yet, it seems we've no where to turn when they just decide to do nothing.

jhegarty

Run yourself at the next agm

derPixie

jhegarty wrote: »

Run yourself at the next agm

Will this actually help when other directors don't seem to mind what happens in the development?

We took photographs of the problems and sent them with a letter to the board of directors. This wasn't handed to the directors for weeks until we pushed for it to be sent. The person who got the letter and photographs didn't like washing on balconies, or rubbish on the pavements or any of the problems, but was still quite happy with the management company and doesn't seem motivated to change anything even though he is the only director to show up at AGMs.

gixerfixer

This is Ireland. Do you expect the management company to give a ****.

daheff

is there a legal agreement that the management company enforces rules/ maintains the development to a set standard? If there is then you may have grounds for breach of contract....talk to your solicitor about it.

Biggins

If rubbish is involved, contact the local council repeadly daily. If they alone are pestered enough (get a petition too), they will also get onto the management.

The management have a "legal duty of care" towards those in their property. If they are not up keeping their part of the agreed and signed lease, they have voided their part of it. As such fees could no longer apply to them. The treat of many withdrawing such funds might also waken them up!

Rubbish building up could also be a fire hazard if its that bad. Have you contacted the local fire department to add pressure on them?

Have you contacted the local press? Take pictures (lots of them) and spread them around - leaflets in the locality, papers, radio stations and websites.
Don't be afraid - create enough noise and shame the buggers into getting up off their asses.

daheff

Biggins wrote: »

Have to contacted the local press? Take pictures (lots of them) and spread them around - leaflets in the locality, papers, radio stations and websites.
Don't be afraid - create enough noise and shame the buggers into getting up off their asses.

not sure if this is the best way to go...if you do this it will generate a bad public image of your estate...which may make it difficult to sell....and if you are the one to blame could make your neighbours dislike you

Biggins

daheff wrote: »

not sure if this is the best way to go...if you do this it will generate a bad public image of your estate...which may make it difficult to sell....and if you are the one to blame could make your neighbours dislike you

If it comes to last resorts, this might be a necessary action.
I know man would do this rather than continue to live with ever growing big rubbish (and possible future health) problems.

whippet

remember there are a number of grey areas here to play with.

the OP is a member of the Mgt Company. The annual fees are payable regardless of the actions or inactions of the Company as this is a contracted payment.

The Mgt Agent (who is employed by the Company) is contracted to do the work etc.. therefore it seems the Mgt Company is in breach of the contract, but the company is not.

You might want to find out who the directors of the Company are (is it the original directors appointed by the builders or have they been elected subsequently?)

If it is still the original directors it might be worth while digging deeper and finding out why they have not yet resigned and handed power over to the members (this should be in you Mgt Company lease - get copy from Solicitor)

If the Directors are not acting in the best interests of the Company (keeping the Agents in check, demanding value for money and best possible service) I am of the opinion that you might have some recourse for having an action taken against a director for not acting in the best interests of the Company or by abusing his/her postion as a director to award Agent contracts to friend or families.

Going against a developer who is a director and trying to prove any of this could be very costly and take an age.

To be honest all you can do it make as much noise a possible, record each and every one of your dealing with the directors, agents etc ..but do not withhold payment, as this will always be due as it is not a service charge, but a fee to be paid to the company who you are a member of and have a contract to pay. Plus you cannot sell your property on until you discharge all debts in this area.