Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Group Water Scheme Co-Op Problem

  • 07-12-2009 12:35pm
    #1
    Posts: 0


    A friend came to me with this issue and I couldnt give her an answer so I thought some of the legal eagles on Boards might be able to help out!

    Im sorry if this seems long winded but I'll tell the story..

    The rural area my friend lives in has a group water scheme, basically when you build your house you pay a certain fee to be joined up and you have your running water.
    However the quality of the water wasnt great or consistent so a certain few people called together a meeting of the people on the scheme with a view to improving the quality. She estimates maybe 250+ people are on the scheme.
    So at the meeting a committee was elected, it was decided that each house would pay around €1200 (payable in 2 instalments if they wished) and this money would be used to improve the filtering systems etc.. It was decided that a co-op would be formed and each member would recieve shares of this co-op for their contribution.
    So my friend payed the first instalment of around €500. However over the next year the quality of the water hadnt improved. No AGM was called for almost 2 years. The residents were all angry at the lack of improvement and filled in a complaints book which was handed to the committe when an AGM was finally called. At this AGM the committee asked for Volunteers to inspect the service at certain times (check for leaks etc)
    However it subsequently emerged that these "volunteers" were recieving €10 and hour and were filling in time sheets and claiming for massive amounts. One local (Whom i know as being a very honest man) left the committee as he said he was not happy with the way the finances were being handled. Water samples were taken from some houses but no results were ever recieved by any residents. A water systems company were working on the service from time to time.
    A few weeks ago an AGM was called where an accountant was supposed to arrive but never did. My friend, and many other residents im sure, refused to pay the outstanding amount due to the lack of improvement and the fact that the water quality got worse if anything! They then recieved a letter telling them that if they didnt pay the outstanding balance within 14 days their water supply would be cut off, However they can only cut then off by entering their land.
    What recourse would my friend/the residents have towards the committees seemingly shady dealings? Can they come onto her land and cut them off?

    Thanks for any help anyone can provide.


Comments

  • Registered Users, Registered Users 2 Posts: 2,345 ✭✭✭NUTLEY BOY


    In short, your friend and his fellow residents really do need to see a solicitor.

    Your query would actually form the basis of a lovely examination question !

    This problem actually falls across quite a number of legal issues and looks like a classic mess which has all the potential to worsen with time. So, it is time for them to see a lawyer. Be sure that they gather together all documents and correspondence relative to the entire scheme and the ongoing problem.

    P.S. It would be interesting to check the legal personality of the group waterscheme. If it is an unincorporated association, like many sports clubs for instance, the members may not be able to take legal action against it as they would be suing themselves.


Advertisement