Advice for dealing with Residents Committee if renting a property

Flah

Hi All,

I have been renting a property in northwood Santry for 18 months now. On Monday afternoon i returned home from work and parked in the same place i have been parking in for 18 months. about an hour later i went outside to discover i had been clamped. Cut along story short a memeber of the residents committe figured out that i did not own the space i was parking in and called the clampers to clamp me. It is well known in northwood that this person stands guard watching where people park and if she thinks they should not be parking there calls the clampers. I have requested a meeting with the residents committe but they have denied my request saying only landlords can attend, i spoke to my landlord and he has asked me to represent him at meetings, but again this has been denied. Legally can anyone tell me if i have a right to attend these meetings.
The Parking situation is a joke and i would love to get the opportunity to express my concerns and other residents concerns directly to the residents committe.

Your help on this would be greatly apprecited.

p.s this is not a dig at clampers as they are only doing what they are told, its a dig on residents committe members who see themselves as some kind of hitler governing their world

Anan1

I think your landlord really needs to sort this out. You are right though, becoming active in the management company is the way forward.

Cuddlesworth

Step one, buy a hacksaw and cut the chain. Should take about 30 minutes.

Step two, buy a new chain and padlock.

Step three, clamp this woman's car using the clamp, chain and padlock.


Repeat steps one to three till she gets the message.

Flah

my landlord is raging over this nad he did say he would look into it , problem is he lives in munster and does'nt have time to come to a residents meeting on a weekday meeting.

do you know if tennants have any rights to be represented on the residents committee. ???

you have to be a certain class(less) type of person to call the clamprs on someone for no reason, missed a job interview over it too !! so along with the 90 euro fine was a double whammy

TurkeyBurger

Flah wrote: »

... parked in the same place i have been parking in for 18 months...

... i did not own the space i was parking in and called the clampers to clamp me...

Even though you have been parking there, do you have any right to park there?

If you don't, then seems fair that you were clamped.

If your landlord has a right to park there and cannot attend a meeting, just write to the Management Company, it would be them who contracted the clamping company, not the Resident's Committee.

Sleipnir

I think you're bit confused. The resident's association is made up of residents.
Therefore, as they are the residents, they, as a group, express the concerns of the residents
So, if you have a problem with parking, you get your landlord to raise it with the residents' commitee. Although if your complaint is along the lines of

"I've been parking in the same spot for the past 18 months, even though I'm not entitled to, and I was clamped!!"

you won't get very far.

I would imagine they're annoyed with people parking in spaces which command prices of around 20k-60k. They paid for a spot whereas you didn't yet still feel entitled to park there.

Anan1

Flah wrote: »

my landlord is raging over this nad he did say he would look into it , problem is he lives in munster and does'nt have time to come to a residents meeting on a weekday meeting.

do you know if tennants have any rights to be represented on the residents committee. ???

you have to be a certain class(less) type of person to call the clamprs on someone for no reason, missed a job interview over it too !! so along with the 90 euro fine was a double whammy

The management company is owned by the owners of the apartment, your landlord will have to find out from them whether they have the right to nominate a representative. Are you paying your landlord for a specific parking space? If so this is really your landlords problem, and IMO they should be paying your clamp release fee.

Flah

good idea cuddlesworth but dont know where the person parks ha ha , ah but no couldnt be doing that,

dont have the time to be spying on my neighburs

Flah

thanks slepnir , and i hear what your saying about parking in the space without permission but to clarify i met the occupier before parking there who explained it was ok to park there , now in hindsight i should have checked that he had permission to allow me to park there but after 18 months i figured he must have.
I suppose my gripe is that the resident commitee member took it upon themselves to get me clamped and others (people constatnly clamped in visitors area if there over 12hrs there)
for arguments sake , say i parked in space number 1 and the resident of number returned and had nowhere to park and got me clamped i would say no problem , fair enough , but the fact remains that this person who has no claims over the space i was parking in contacted the clampers to clamp me .....surely you agree that is not good neighborly conduct

Anan1

Sleipnir wrote: »

I think you're bit confused. The resident's association is made up of residents.
Therefore, as they are the residents, they, as a group, express the concerns of the residents
So, if you have a problem with parking, you get your landlord to raise it with the residents' commitee.

I don't know about the OP's particular set-up, but most apartment complexes are run by a management company (made up of owners) who elect a board of directors to handle the running of the complex. The board of directors in turn employ a management agent (the likes of Wyse, etc), who will be instructed by the board of directors to employ clampers.

Flah

yes through investigation there is a board of directors etc in my apt block,

think the best thing to do is go through my landlord ,

Peoples actions never fail to amaze me - but karma's a B and all that

Flah

hi turkey burger , when the clamper showed up had a chat with him , he was a sound man in fairness, he told me it was one particular person from the Residents Commitee who called him and that the same person calls them alot!!!

Any chance resident commitee members get kickbacks form clampers ?

Gumbo

is the parking spot numbered? or assigned to a particular apartment?
have you any pics of where you parked to clarify if it is indeed a parking spot or just "an ideal parking space" if you get me?

Smcgie

Sounds like a busy bodied b*tch... I'd call her bluff, I'd either confront her quite aggressively and say I know its you doing it, and that it has no impact on you where I park now get lost. Or you could get in contact with the person that owned the space and explain the situation and see will she approach the committee.

From my experience of going to residents committees there full of people (not all) the have no common scene or courtesy. These type of people think everyoness out to walk over them.

I try not to be stereotypical but I bet she's about mid 50's, single and has gnomes in here garden.

the_syco

I assume each apartment gets a spot... does your apartment not get a spot?

Eoin

I would be surprised if a landlord is not able to send someone as a proxy.

Anyway, check out the Accommodation and Property forum, there are loads of management company threads there. I can move this thread there if you want OP.

Flah

please do move it eoin , it makes sense, as for desciption of individual its scary how right you are.

Ive pretty much old my land lord i am moving out over this, he is going crazy , he said if that happens he will go out of his way to rent it to noisey unsociable people to teach them a lesson, -

ledgend or what !!

Eoin

Moved from motors, hope that's OK mods.

Sleipnir

Anan1 wrote: »

I don't know about the OP's particular set-up, but most apartment complexes are run by a management company (made up of owners) who elect a board of directors to handle the running of the complex. The board of directors in turn employ a management agent (the likes of Wyse, etc), who will be instructed by the board of directors to employ clampers.

Most apartment complexes are indeed run by an management company, but over the past number of years the developer has been the one who owns the management company, not the owners. Or, they maintain a "golden share" in the management company which means they effectively can run it as they like.

The management company owned by the developer will often also employ a managment agent which is owned by the developer, or at least, owned by a relation or a good friend!

Flah

apparently there are 4 directors of the property each get paid €11k each p.a. and calling clampers is one of there duties !!

the whole episode has a left abad taste in my mouth, i have tried to rent a space for 2 months (as moving out) but have been told by residents committee is its six months or nothing (€420).

dunno really frustrated , my advice for anyone buying/letting apartments is to find out what their residents committe is like, living under a draconian nazi watch is not pleasant

tks for the advice for those who have contributed

cianclarke

Smcgie wrote: »

Sounds like a busy bodied b*tch... I'd call her bluff, I'd either confront her quite aggressively and say I know its you doing it, and that it has no impact on you where I park now get lost.

Er... Sounds like some mighty bad advice there, perhaps best to leave the aggressive confrontations, tempting and all as it might be!!

Macha

Flah wrote: »

apparently there are 4 directors of the property each get paid €11k each p.a. and calling clampers is one of there duties !!

Do you have the right to park there? ie, does the parking place belong to your landlord? If not, I don't know what you can do.

jd

Which complex in northwood is it?

Flah

"Er... Sounds like some mighty bad advice there, perhaps best to leave the aggressive confrontations, tempting and all as it might be!! "


Im not a confrontaional person so in this instance i wont be stooping to that level, life is too short as they say.

"Do you have the right to park there? ie, does the parking place belong to your landlord? If not, I don't know what you can do. "

The apt space i was parking in for the last 18 mnths is vacant, this busy body on the residents commitee copped this and got me clamped although and now i am no longer able to aprk in this space - whichis vacant every evening - also being told that this space is being watched and if any cars park there then they will be clamped !!!


"Which complex in northwood is it? "
I will only say it is very very very close to the crowne plaza !!

The_Conductor

A residents association have no right to clamp cars or take any actions which might impinge on another person. Any person impinged upon by the actions of a residents association, wholly, or the actions of a single member, may have the right to take civil action against that person.

In all managed complexes- all common space resides in a Management Company. The owners of leases of units in the complex, are members of the Management Company. The rights, duties and obligations of the Management Company- and members of the Management Company, are spelt out in the long term leases associated with the properties. It is not the right of the Management Company to allow another body carry out actions- other than in the name of the Management Company via a nominated agent(s).

The resident's association has no legal standing whatsoever. Certainly its nice for residents to sit down and talk about how to make living together a more fulfilling experience for all concerned- they do not have any right to impose their will on anyone however.

S.

D3PO

I really dont understand your gripe. You have said in your first post your not entitled to part in this spot.

Just because you havent been clamped in the last 18 months doesnt make it ok.

So regardless of weather you get to attend or get somebody to attend on your behalf to these committee the situation doesnt change you dont own this spot so you cant park there.

Flah

My gripe is that the resident comitte member called the clampers and not the owner of the space,

My gripe is that this person watches/times cars parked in the visitior spots and calls the clampers when they are over time

My gripe is that if someone parks in my spot if im not there the member of the residents committee will call the clampers on them

My gripe is that this person gets paid 11k a year and does not benefit the estate in anyway
(there is no recylcing facilities, community updates etc)

My gripe is that I cannot attend resident committe meetings as i am a tenant and not a landlord

My gripe is that thh residents committe will only allow me rent a space for aminmum period of 6 months at a cost of €420

My gripe is that I have now no where to park and have been given no amnesty for a day or two to find another space

My gripe is this is a direct result of one individual

My gripe is small minded people

they my friend are my gripes , do you think they are warranted

Eoin

My gripe is that I cannot attend resident committe meetings as i am a tenant and not a landlord

The resident committee is there to protect the interest/investments of the owners. Tenants don't have a long term interest in the estate, so it's correct that they shouldn't be allowed. However, the landlord might be able to specify a proxy to act on his/her behalf.

My gripe is that this person gets paid 11k a year and does not benefit the estate in anyway

You're not paying the management fees, so that's not your problem.

I'm not saying it's a pain in the hole, but as a short term tenant, they're not really your concerns.

D3PO

Flah wrote: »

My gripe is that the resident comitte member called the clampers and not the owner of the space, - So what you were ilegally parked it doesnt matter who reported it

My gripe is that this person watches/times cars parked in the visitior spots and calls the clampers when they are over time - Some people are petty and small minded. You have to deal with it. That said dont part ilegally and this is a non issue

My gripe is that if someone parks in my spot if im not there the member of the residents committee will call the clampers on them - How is that a gripe I would want somebody clamped if they wer eilegally parked in my spot

My gripe is that this person gets paid 11k a year and does not benefit the estate in anyway
(there is no recylcing facilities, community updates etc) - As a renter you dont pay management fees so your not entitled to have an issue with this Im afraid.

My gripe is that I cannot attend resident committe meetings as i am a tenant and not a landlord - This one is valid however I believe you have a right to attend these meetings.

My gripe is that thh residents committe will only allow me rent a space for aminmum period of 6 months at a cost of €420 - I believe thats standard enough practice and not unique to this location

My gripe is that I have now no where to park and have been given no amnesty for a day or two to find another space - You need to take that up with your landlord, infact you should have sorted this before moving in

My gripe is this is a direct result of one individual

My gripe is small minded people

they my friend are my gripes , do you think they are warranted - in general no I dont believe they are warranted bar their refusla to allow you attend the resdents assicioant meetings. That said your attendance wont sold your illegal parking problem

see my comments above

The_Conductor

The fundamental issue is a residents committee means absolutely nothing whatsoever. They have zero right to clamp a car. The Management Company have those rights- and do not have the right to transfer those rights at will to another body (they can employ someone to act on their behalf- this is not what has happened in this case).

If the parking is assigned in the complex (as the OP has inferred it is)- the only person who has the right to take action against the offending car- is the person to whom the space is assigned. They have not. A busy body under the auspices of a 'residents committee' has taken it upon herself to make up rules and foist them on people.

By rights- I would advise the OP to get his landlord to lodge an official complaint with the Management Company (and on the side- I would suggest coming to an arrangement with the assigned holder of the space for the remainder of the tenancy).

S.

D3PO

smccarrick wrote: »

The fundamental issue is a residents committee means absolutely nothing whatsoever. They have zero right to clamp a car. The Management Company have those rights- and do not have the right to transfer those rights at will to another body (they can employ someone to act on their behalf- this is not what has happened in this case).

If the parking is assigned in the complex (as the OP has inferred it is)- the only person who has the right to take action against the offending car- is the person to whom the space is assigned. They have not. A busy body under the auspices of a 'residents committee' has taken it upon herself to make up rules and foist them on people.

By rights- I would advise the OP to get his landlord to lodge an official complaint with the Management Company (and on the side- I would suggest coming to an arrangement with the assigned holder of the space for the remainder of the tenancy).

S.

unless this person is employed on their behalf to be a busy body (see comment about 11k a year pay) sounds to me like this is what is infact happening and in that case is perfectly ok.

Im not saying it isnt a pain and un neighbourly. Im just saying you cant complain when your in the wrong thats all

The_Conductor

In which case its an action on the part of the Management Company by an agent acting on their behalf- not a residents committee at all. Perhaps the OP has confused the terminology?

D3PO

i suspect thats what has in fact happened carrick

Flah

3dpo i disagree with every point you make but not going to have a debate here, just to say im disappointed that you would be happy if someone got clamped in your space even though you were not using it

to clarify the position the residents committe are voted by other owners of property, (but re-elected every year unopposed)

this resident committe employs the management company , and can employ any management company they wish.

the member of the resident committe in this case rang the clampers to clamp me as she personally didnt think i should be parking there although it was not interfereing directly with her , or anyone else -

I am happy to say i have been speaking with other residents in my area and plans are afoot to petition the resident committee to remove th directors of the resident commitee as a result of clamping in the area.

Maybe it wont work , but it will at least get these people to think twice before interfereing in private peoples life's

The_Conductor

Flah- the owners of the properties are the members of the 'Management Company' and on an annual basis appoint a Management Agent. It is often the case that residents (occupants of the properties- as opposed to owners) may have their own committee to liaise with the Management Company- this is not the case in this instance. I misunderstood you- when you called it a Residents Committee.....

S.

eden_my_ass

Sorry to hijack the thread, I have nothing to offer the OP although I sympathise with his case, seems he had a verbal arrangement to use that space which was no business of any member of residents committee/ management company.

However, this directors payment is for me a new thing, my properties management company (of which of course I am a member as a property owner) has a voted board of directors who provide their token services for free (not much required, more of a legal requirement than anything), and the only person paid directly is the management agent (and obviously thereon the cleaners, landscapers and other services he employs). Why would owners in this complex be paying other owners for....little if nothing really...is this common cause I've never heard of it??

Best of luck with getting satisfaction out of this Flah

athtrasna

I am a director of a management company and do not get a single cent. For me, I am protecting my investment by bothering to get involved, so many others won't give their time. My services are much more than token, I spend several hours a week following up on development issues.

Back to the OP, I think it's irrelevant who called the clampers. They were parking in a space they weren't entitled to and got away with it for 18 months and are now complaining. I wouldn't, you had a bonus for 18 months by not having to pay...you really have zero right to moan that someone has called time on it!

bangersandmash

athtrasna wrote: »

Back to the OP, I think it's irrelevant who called the clampers. They were parking in a space they weren't entitled to and got away with it for 18 months and are now complaining. I wouldn't, you had a bonus for 18 months by not having to pay...you really have zero right to moan that someone has called time on it!

Indeed. OP if the property was originally advertised with parking then your real gripe is with your landlord, and you such consider seeking a rent reduction to compensate for the temporary parking fee. If the property wasn't clearly advertised as coming with allocated parking then there's not much you can do.

There's a reason why owners and renters alike pay a premium for parking spaces in estates like Northwood. If they choose not to regularly use their allocated spaces then that's entirely their own prerogative.

eden_my_ass

athtrasna wrote: »

I am a director of a management company and do not get a single cent. For me, I am protecting my investment by bothering to get involved, so many others won't give their time. My services are much more than token, I spend several hours a week following up on development issues.

Back to the OP, I think it's irrelevant who called the clampers. They were parking in a space they weren't entitled to and got away with it for 18 months and are now complaining. I wouldn't, you had a bonus for 18 months by not having to pay...you really have zero right to moan that someone has called time on it!

No insult intended athtrasna, I'm considering joining the directors of my own complex, and it was in that context that I was aware of their involvement being lightened by a pretty decent and competent agent. Hence the "token" role.

On the OPs issue, its clear its part of a bigger issue, I would not like to live in a development where such unnecessary sanctions were being carried out raising tensions for more than just the OP it seems, live and let live, but some people just don't like their "renter" neighbours...can't beat snobbery can you.