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Managment company question

  • 12-11-2011 8:55pm
    #1
    Registered Users, Registered Users 2 Posts: 309 ✭✭


    Ok let me start by saying that I have been having grief with my managment company. All my own fault as I got a solicitors letter for fees, anyway I have come to an agreement with them and that's sorted but I am still out to get my own back.

    Ok my apartment is not a tower it's just one apartment above and one below, I came home the other day and sky were drilling holes in the side of my house to install a new box so I could get sky from a communal ariel they have erected. I approached they guy as I was wondering what was going on and he told me the managment company had given sky permission to stick a box on everyone's apartment.
    Now in my eyes it's my house and there should be nobody drilling holes in the side of my home without my permission. Actually very annoyed about it.

    Should I peruse it and would I have a case ?

    Thanks


Comments

  • Registered Users, Registered Users 2 Posts: 9,390 ✭✭✭markpb


    Technically no, you don't own the outside walls of your apartment, the management company do so I can't see a complaint going anywhere.


  • Closed Accounts Posts: 1,869 ✭✭✭odds_on


    All my own fault as I got a solicitors letter for fees, anyway I have come to an agreement with them and that's sorted but I am still out to get my own back.

    So, you're out to get your own back because you didn't pay the management fees?
    And you don't want Sky anyway?


  • Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    If you owed fees and the management company persued you to force you to comply with the contract you sold...why would you be out to get your own back? You are the one who was in breach of contract by not paying them.

    As the others have said, you do not own your external walls, in fact you don't own the internal ones either but have a long term lease for exclusive access internally. The management company (of which you are a member) own all common property including the structure of the building and can make decisions regarding alterations to such property.


  • Registered Users, Registered Users 2 Posts: 3,027 ✭✭✭Lantus


    as I keep on trying to tell people. Dont buy an apartment.

    we live in a country with no shortage of land. fields in every direction.

    Never could understand why people seemed intent on sqeezing into small boxes and paying huge fees when there was an adbundance of land and houses.


  • Registered Users, Registered Users 2 Posts: 309 ✭✭THEFRIDGE


    Just to clarify I am out to give them hassle over the way it was handled. I didn't have the money to pay the fees and they sent a letter out to people saying that if contact wasn't made within 7 days extra charges would be added. I never received the letter for 2 reasons 1) I was out of the country and 2) they sent it to the wrong address so they added €560 to my fees. I sent them a letter stating the 2 reasons I didn't make contact and showed them plane tickets and they refuse to remove the extra fees. I refuse to pay them as I never got the letter. As they refuse to remove them and are being c!@ts I am out to make life hard for them.
    They managment company I signed up with 11 years ago are gone and there has been 4 different ones since. I didn't know that they owned the external walls of my house.
    So I ask you this. I want my apartment painted as it is 11 years old. Are they liable for that ? There is graffiti on the surrounding walls that I can view from my window are they in charge of that.
    To me this is just madness that they can send someone orotund to your house to drill holes in your walls and not let you know.
    I might be sounding petty but I am not a happy bunny. I am going to request a copy of the terms of the conditions and study them.

    Thanks


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  • Registered Users, Registered Users 2 Posts: 169 ✭✭MBateson


    The management company changed 4 times? Are you getting management company and managent agent mixed up?

    The management company owns the common areas and appoints an agent to look after things on their behalf. These change from time to time if inefficient or too expensive.

    You're a member of the the company and have a vote in how things are run, why don't you attend the AGMs etc. and possibly consider getting yourself appointed a director where you'll have a more direct say in what the agent does (but you'll have to do so with what's best for your fellow members as well)


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


    THEFRIDGE wrote: »
    They managment company I signed up with 11 years ago are gone and there has been 4 different ones since. I didn't know that they owned the external walls of my house.

    You really need to go educate yourself. Your own ignorance is what is causing you hassle. Go read the Lease Contract you signed when you bought your unit. Your solicitor should have a copy of that. Go read the Articles of Association of your management company (available through the CRO website).

    Your management company has never changed. The management agent may have changed though. The management agent is a company employed by the management company to do the day to day running of the development.

    The management company own the development. You have a long term (normally 999 year) lease on the property. You are a member of the management company. You have a vote at the AGM, which can decide how the development is run. If you have issues, you should bring them up at the AGM.

    You certainly do sound very petty, because of your own misunderstanding.


  • Registered Users, Registered Users 2 Posts: 19,102 ✭✭✭✭Del2005


    THEFRIDGE wrote: »
    Just to clarify I am out to give them hassle over the way it was handled. I didn't have the money to pay the fees and they sent a letter out to people saying that if contact wasn't made within 7 days extra charges would be added. I never received the letter for 2 reasons 1) I was out of the country and 2) they sent it to the wrong address so they added €560 to my fees. I sent them a letter stating the 2 reasons I didn't make contact and showed them plane tickets and they refuse to remove the extra fees. I refuse to pay them as I never got the letter. As they refuse to remove them and are being c!@ts I am out to make life hard for them.

    Had they got the correct address for you? It's your responsibility to make sure they have the correct contact details for you. But it seems strange that you live in the development and get mail sent to the wrong address.
    THEFRIDGE wrote: »
    They managment company I signed up with 11 years ago are gone and there has been 4 different ones since. I didn't know that they owned the external walls of my house.

    You also don't own the internal walls, balcony or attic if there is one.
    THEFRIDGE wrote: »
    So I ask you this. I want my apartment painted as it is 11 years old. Are they liable for that ? There is graffiti on the surrounding walls that I can view from my window are they in charge of that.

    Yes, they are responsible for painting the outside walls. Part of your fees go into a "sinking fund" to pay for this type of work.

    But since your management company had to resort to solicitors letters to get the money they are owed I doubt there'd be much in the sinking fund and using it for a bit of paint may not be a good idea.
    THEFRIDGE wrote: »
    To me this is just madness that they can send someone orotund to your house to drill holes in your walls and not let you know.
    I might be sounding petty but I am not a happy bunny. I am going to request a copy of the terms of the conditions and study them.

    Thanks

    As the others have said you don't own anything, you could say you own the fresh air between the walls if you want, it's all owned by the management company. Which is why some management companies send cherry pickers around estates removing sat dishes and posting a nice bill into the resident.

    Good idea getting the T&Cs you'll find out you have very little control unless you get active in your development and then you'll have loads of control as most people don't bother to use the power they have.


  • Moderators, Society & Culture Moderators Posts: 6,708 Mod ✭✭✭✭pinkypinky


    Aside from the OP's confusion about management company structures, I am surprised that Sky is going to the extra time and cost of sticking a box onto every apartment, regardless (presumably) of whether the individual owner has requested it or not. My development has a communal Sky dish, but it's opt in.

    Genealogy Forum Mod



  • Registered Users, Registered Users 2 Posts: 9,390 ✭✭✭markpb


    pinkypinky wrote: »
    Aside from the OP's confusion about management company structures, I am surprised that Sky is going to the extra time and cost of sticking a box onto every apartment, regardless (presumably) of whether the individual owner has requested it or not. My development has a communal Sky dish, but it's opt in.

    In my estate, the box on the outside is a cable splitter and it doesn't go on every apartment - typically there is one per block or per dish. If you actually want Sky's services, they run cables from the box into your apartment.


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  • Registered Users, Registered Users 2 Posts: 1,740 ✭✭✭Faolchu


    normally its one dish per block with multiple feeds coming from it. OP as was satated by others you dont own the outside walls, but maybe the MC should have informed owners it was happening, I mean that way people could pull their curtains closed etc. the MC have done nothing wrong so there's no "getting your own back".

    oh and do you blame the MC for applying additional charges. your number one reason for not paying was
    I never received the letter for 2 reasons 1) I was out of the country
    if you can afford to leave the country then you can afford to pay your outstanding debt in my opinion.


  • Registered Users, Registered Users 2 Posts: 7,218 ✭✭✭bobbysands81


    THEFRIDGE wrote: »
    Just to clarify I am out to give them hassle over the way it was handled.
    As they refuse to remove them and are being c!@ts I am out to make life hard for them.

    You do realise that any costs your managing agents incur as a result of you making things difficult for them will have to be paid by you by way of an increase in your management fees?


  • Closed Accounts Posts: 3,212 ✭✭✭Jaysoose


    Just goes to prove that there is nothing stranger than people. He is punishing the management company (that he is part of) because he didnt pay his fees (but happily used the facilities) all at the same time he ignored the issue to such a point as the managment company was forced to send a solicitors letter and the extra charge was applied because they didnt ask him if he was going on holidays.

    did i miss anything?


  • Registered Users, Registered Users 2 Posts: 1,740 ✭✭✭Faolchu


    Jaysoose wrote: »

    did i miss anything?

    yeah he'll probably claim he "cant afford to pay the management fee" because he's poor but is "entitled to a holiday" because he "works hard for it"


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