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Apartment owner: Am I free to change my front door?

  • 15-03-2012 5:49pm
    #1
    Registered Users, Registered Users 2 Posts: 1,581 ✭✭✭


    I own a 2 bedroom apartment, there are no security gates or cctv on tge development.
    The apartment is approx 12 years old and the front door is particulary dated in security terms in my opinion.
    It wouldnt be any hassle to break the glass in the door and reach in to unlocj the door.
    Im concerned by this along with the fact that theres no cctv or security doors, essentially anybody could walk straight to my front door if they wish.

    I want to change my front door to a door without the large glass panels, same colour and wood as the current door.

    Theres also an issue with cold draughts coming in through the current door.

    Am I free to change the door? Can anyone share their experiences?

    Thanks


«1

Comments

  • Registered Users, Registered Users 2 Posts: 28,404 ✭✭✭✭vicwatson


    What do you mean are you free to change the door?

    Why wouldn't you be, it's your door isn't it?


  • Registered Users, Registered Users 2 Posts: 5,775 ✭✭✭jd


    barryd09 wrote: »
    Am I free to change the door? Can anyone share their experiences?

    Thanks

    If it's an external door you should probably run it by the management company.


  • Registered Users, Registered Users 2 Posts: 1,581 ✭✭✭barryd09


    jd wrote: »
    If it's an external door you should probably run it by the management company.

    Thats what I mean, am I obliged to inform them?
    Could they possibly say no to it?
    Should I just go ahead with it?

    I know management companies can be difficult on issues like this but at the end of it all its my home & investment & I want it protected.


  • Registered Users, Registered Users 2 Posts: 28,404 ✭✭✭✭vicwatson


    It should be none of their business quite frankly. Go ahead and change it.


  • Registered Users, Registered Users 2 Posts: 4,041 ✭✭✭who the fug


    Read your lease/deeds


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  • Closed Accounts Posts: 1,188 ✭✭✭UDP


    vicwatson wrote: »
    It should be none of their business quite frankly. Go ahead and change it.
    There is a difference between "should" and "is".

    OP you will need to check your deeds to be sure.


  • Registered Users, Registered Users 2 Posts: 4,041 ✭✭✭who the fug


    Read your lease/deeds


  • Registered Users, Registered Users 2 Posts: 3,228 ✭✭✭Keith186


    Usually any work that could effect the structure of the apartment needs to be run past them.

    If you're not changing the door frame along with the door its not structural so I wouldn't bother getting permission. Keep similar theme to other doors as you are planning.


  • Registered Users, Registered Users 2 Posts: 1,581 ✭✭✭barryd09


    Thanks for the replies, I suppose checking the deeds would be the best place to start. Im hoping I will just be able to change the door & not the frame too so this shouldnt be an issue with the structure of the building.

    Its hardly unreasonable for an owner who is personally occupying a unit to want to improve security of their own home, is it?


  • Registered Users, Registered Users 2 Posts: 28,404 ✭✭✭✭vicwatson


    UDP wrote: »
    There is a difference between "should" and "is".

    OP you will need to check your deeds to be sure.


    Ok, It is none of their business quite frankly. Go ahead and change it.


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  • Registered Users, Registered Users 2 Posts: 4,041 ✭✭✭who the fug


    barryd09 wrote: »

    Its hardly unreasonable for an owner who is personally occupying a unit to want to improve security of their own home, is it?


    If it changes the overhul view of the building, then yes it is unreasonable


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


    If it changes the overhul view of the building, then yes it is unreasonable

    Yes, we all have to live in little boxes made of ticky tacky that all look the same!

    (words and music by Malvina Reynolds; copyright 1962 Schroder Music Company, renewed 1990.)


  • Registered Users, Registered Users 2 Posts: 1,581 ✭✭✭barryd09


    vicwatson wrote: »
    Ok, It is none of their business quite frankly. Go ahead and change it.

    While I agree with you about it being my front door I dont want a situation where I fork out a few hundered quid on a new door and be forced to change it back.
    If it changes the overhul view of the building, then yes it is unreasonable

    The front doors arent visible until youre standing outside it so it shouldnt affect anyone bar my neighbour across the hall, that apartment is rented so I cant see it visually affecting anyone really.
    As i said it'll be the same material & colour as the rest of the doors.


  • Registered Users, Registered Users 2 Posts: 78,647 ✭✭✭✭Victor


    If this is an external door, open to the air, I don't see teh management company having much of a problem, once you keep it in the general style of the existing, swapping solid panels for the glass.

    If it is an internal door (only very occasionally an external door, depending on how close the neighbour's door is), it will also be a fire door and there will be certain standards that will need to be met.

    Have other residents replaced their doors?


  • Registered Users, Registered Users 2 Posts: 1,210 ✭✭✭bren2002


    In a new build, I'd say no way. Fire doors are serious and not to be messed with.

    Has anyone else done what your suggesting? A precident would help you.


  • Registered Users, Registered Users 2 Posts: 13,272 ✭✭✭✭Paulw


    Is it a managed development? If it is, then talk to your management company, via your management agent.

    Normally you need to keep in the style of the development, but that doesn't mean you can't change the door, as long as it blends well. There are many doors that can conform to your requirements and also blend well with the development.

    Basically, talk to people and you should be able to work it out.


  • Registered Users, Registered Users 2 Posts: 1,581 ✭✭✭barryd09


    Victor wrote: »
    If this is an external door, open to the air, I don't see teh management company having much of a problem, once you keep it in the general style of the existing, swapping solid panels for the glass.

    If it is an internal door (only very occasionally an external door, depending on how close the neighbour's door is), it will also be a fire door and there will be certain standards that will need to be met.

    Have other residents replaced their doors?

    Its not a fire door, just a regular front door.
    The neighbours door is probably 6 feet away & it wil definetly be the same style as the previoys door.
    Theres 5 apartments in my block, they are all the original doors, i cant comment on the other block as im never in it.


  • Closed Accounts Posts: 247 ✭✭CricketDude


    barryd09 wrote: »
    While I agree with you about it being my front door I dont want a situation where I fork out a few hundered quid on a new door and be forced to change it back.



    The front doors arent visible until youre standing outside it so it shouldnt affect anyone bar my neighbour across the hall, that apartment is rented so I cant see it visually affecting anyone really.
    As i said it'll be the same material & colour as the rest of the doors.


    They might huff and puff at you but at the end of the day they cant do anything to you.
    I once changed an external door in an apartment and the management company sent me letter evry few weeks threatening this that and the other. Even trying to fine me. I tore them all up. There is nothing they can do bar send letters.


  • Registered Users, Registered Users 2 Posts: 1,581 ✭✭✭barryd09


    They might huff and puff at you but at the end of the day they cant do anything to you.
    I once changed an external door in an apartment and the management company sent me letter evry few weeks threatening this that and the other. Even trying to fine me. I tore them all up. There is nothing they can do bar send letters.

    Thats nice to know but id say it differs from management company to management company on what way they would react & if theres a complaint about it which i highly doubt there would be from any of the other residents.

    Legally speaking I presume they COULD take you to court to get you to change it but if its for security reasons that the existing facilities dont meet then it would be a difficult, costly and drawn out procedure.


  • Registered Users, Registered Users 2 Posts: 28,404 ✭✭✭✭vicwatson


    barryd09 wrote: »
    Thats nice to know but id say it differs from management company to management company on what way they would react & if theres a complaint about it which i highly doubt there would be from any of the other residents.

    Legally speaking I presume they COULD take you to court to get you to change it but if its for security reasons that the existing facilities dont meet then it would be a difficult, costly and drawn out procedure.

    If your existing door was bashed down by some thugs - you might have to replace it then right? What's the chances of getting an exact replacement for the existing door? So just go ahead and do it.


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  • Registered Users, Registered Users 2 Posts: 1,581 ✭✭✭barryd09


    That is a very good point, its not likely you'd ever find an exact replacement for a door thats 12-14 years old.

    Feck it, Im going to go for it.
    Im not going to be putting anyone else out by changing it, I am sticking as best I can to the style and colour of the other doors and Im only securing my own property in a complex that doesnt have any cctv or security doors or gates.


  • Registered Users, Registered Users 2 Posts: 13,272 ✭✭✭✭Paulw


    They might huff and puff at you but at the end of the day they cant do anything to you.

    Actually there is plenty that they can do. Just because, in your case, they didn't, doesn't mean that they can't.

    They can actually remove the door, replace it with one that fits the development, and then bill you for the whole thing. This charge can stay on your account until you attempt to sell, and can also stop you from being able to vote at company AGMs.

    You should check your contracts, to be sure. Sounds like they just didn't bother chasing you.

    It takes nothing to ask, and most responsbile management company directors will have no problem with you changing doors, as long as they are of a similar style.


  • Registered Users, Registered Users 2 Posts: 387 ✭✭peter_dublin


    If your door can be opened from the inside via the glass then the issue is your lock and not the door. I have in a rented property a nearly all glass door, if you smashed the glass you would still need the key for the lock on the inside to unlock the door. Unless the door is made of cardboard and as it's an internal firedoor it most likely not then the issue is which the quality or type of "internal" lock which you can change, another option is to change the glass so it is visually the same but security glass.

    I would advise you "DO NOT" listen to all the "F**K the Management Company" posts here and actually contact the management company re this. In our development it has been very clear that along with the Window Frames we own the external door for each unit. We stain them and the frames every three years and had an incident where a unit owner painted their door Gloss Blue and refused to co-operate. In the end it was heading towards a court date before he saw sense and ended up with the cost of having the door stripped and varnished as well as other costs. Can you imagine 7 immacuate rosewood external doors and one gloss blue in the middle of the run of doors. As an apartment owner you live as part of a cooperative and you cannot choose to change things that suit yourself as you would in a house. I would also point out that apartment complexes don't require Security Doors, CCTV etc. How many houses in the same area have those features. It's not a high security prison but an apartment complex, what you should have is some form of access control on the external door which in your case their isn't one as it seems to be an external door on each unt, this can be as simple as a key for the door.

    In our case it also works to unit owners benifit. We replaced a door which was damaged in an attempted break in, but being 20 years old we had a joinery make a new one for the unit. Not as expensive as expected and that is what the sinking fund is for.

    I always amazes me the attitude of people to management companies and I find normally those same people are those who don't attend AGMs or are angry at having what they see as their free will curtailed by the "communist" management company as we are known by one resident :-) having refused their personal request to have a tree in the communial garden cut down as they didn't like it.

    As a a side note you mention that it's draughty, this is an issue for the management company as your door is not sealing correctly and as such is something they should resolve for you as a side note to your percieved security issue.


  • Registered Users, Registered Users 2 Posts: 1,581 ✭✭✭barryd09


    If your door can be opened from the inside via the glass then the issue is your lock and not the door. I have in a rented property a nearly all glass door, if you smashed the glass you would still need the key for the lock on the inside to unlock the door. Unless the door is made of cardboard and as it's an internal firedoor it most likely not then the issue is which the quality or type of "internal" lock which you can change, another option is to change the glass so it is visually the same but security glass.

    I would advise you "DO NOT" listen to all the "F**K the Management Company" posts here and actually contact the management company re this. In our development it has been very clear that along with the Window Frames we own the external door for each unit. We stain them and the frames every three years and had an incident where a unit owner painted their door Gloss Blue and refused to co-operate. In the end it was heading towards a court date before he saw sense and ended up with the cost of having the door stripped and varnished as well as other costs. Can you imagine 7 immacuate rosewood external doors and one gloss blue in the middle of the run of doors. As an apartment owner you live as part of a cooperative and you cannot choose to change things that suit yourself as you would in a house. I would also point out that apartment complexes don't require Security Doors, CCTV etc. How many houses in the same area have those features. It's not a high security prison but an apartment complex, what you should have is some form of access control on the external door which in your case their isn't one as it seems to be an external door on each unt, this can be as simple as a key for the door.

    In our case it also works to unit owners benifit. We replaced a door which was damaged in an attempted break in, but being 20 years old we had a joinery make a new one for the unit. Not as expensive as expected and that is what the sinking fund is for.

    I always amazes me the attitude of people to management companies and I find normally those same people are those who don't attend AGMs or are angry at having what they see as their free will curtailed by the "communist" management company as we are known by one resident :-) having refused their personal request to have a tree in the communial garden cut down as they didn't like it.

    As a a side note you mention that it's draughty, this is an issue for the management company as your door is not sealing correctly and as such is something they should resolve for you as a side note to your percieved security issue.

    Thanks for sharing your points, I do realise that Management companies vary widely on what they do and dont enforce.
    Just to point out in 6 years living in the apartment the management company has never sanded, stained or cleaned my front door, ever.
    If they 'own' my door they will certainly be keeping it in tip top shape in the future.

    Who employs the Management Company?


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


    barryd09 wrote: »
    Thanks for sharing your points, I do realise that Management companies vary widely on what they do and dont enforce.
    Just to point out in 6 years living in the apartment the management company has never sanded, stained or cleaned my front door, ever.
    If they 'own' my door they will certainly be keeping it in tip top shape in the future.

    Who employs the Management Company?

    Going to sound like a parrot repeating this again...you are a member of the management company, the legal entity comprising all owners in the development. The MC employs a Management Agent.

    The MC cannot sand, stain or clean your front door as it is your front door. It connects with the buildings that they own ie the walls, foundations etc. HOWEVER, it is probably in your lease that you cannot do anything to alter the external appearance of the buildings. Changing the door would be included in this.

    In our development common entrance doors are painted with a commercially available stain. The information regarding brand and colour is circulated along with the option for own door unit owners to have their doors done by the professionals doing the common doors for a small fee. Doors cannot be painted in any other colours. The issue is the own door unit owners have to be there to open the doors and ensure their unit is secure while the painters are there and to lock up at the end. The MC would have keys for common entrance doors.


  • Registered Users, Registered Users 2 Posts: 1,581 ✭✭✭barryd09


    So which is it?
    I own my front door or the people I and others employ to manage the complex own it?
    Does it vary from complex to complex?


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


    You are a member of the management company. That management company owns common areas, buildings, car parks, bin sheds etc. You have a lease for your apartment, most likely 1000 years. That gives you your internal space which is exclusively yours, and exclusive use of any balconies (though these are MC property).

    You own your door but is part of the visage of the greater development and you will probably have signed a lease that agrees not to alter it without permission from the management company. You would have to request permission from the directors of the MC either at an AGM or by writing to your management agent (they administer the running of the development) to ask them to forward your request.


  • Registered Users, Registered Users 2 Posts: 9,414 ✭✭✭markpb


    barryd09 wrote: »
    So which is it?
    I own my front door or the people I and others employ to manage the complex own it?
    Does it vary from complex to complex?

    It does. Your lease agreement or any other paperwork you signed when you bought your apartment should specify exactly what you own and what you're responsible for.


  • Registered Users, Registered Users 2 Posts: 37,315 ✭✭✭✭the_syco


    Get a new door, paint it the same as the old one, and put a mirror behind a pane f glass so that it looks like the other doors?


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  • Registered Users, Registered Users 2 Posts: 387 ✭✭peter_dublin


    barryd09 wrote: »
    So which is it?
    I own my front door or the people I and others employ to manage the complex own it?
    Does it vary from complex to complex?


    Barryd09, you need to be clear on one thing, the Management company owns the building and as such you can in no way alter it. But you and all other owners are the managment company owners through your shares. One per unit.

    As such as others have said you can't make changes that change or visually effect the building in any way as you don't actually own those elements that you change, the management company does. The directors, often unpair are responsible for making day to day running decisions in the best interest of the complex and were voted in by the members so they or the agent they appointed to perform day to day tasks are your first port of call.

    The nitty gritty as they say of who owns what exactly should be in your lease, as an example of the level of detail it goes into, in our development you own the glass but not the frame or the rubbers in the frame which hold the glass in as we consider them structural i.e. it's that detailed to rule out confusion. That said in our development if you replaced your glass with Victorian Leaded Glass we would come down on you before the installation had finished as you would be effecting the visual side of the development. So it comes down to is your "internal hallway facing door" structural. It would possibly fall into the same area as the glass, its removable but its removable in the same way the common entrance door is i.e. with a stupid amount of effort and also it's a fire door so any lease of decent quality would leave ownership with the management company as otherwise may raise insurance issues.

    External doors are just that, external and required for the weather tightness of the building and its structural health overall so we (the management company) have ownership of those per unit leases and we maintain them as such. As stated by others some management companies leave residents to paint their own internal fire doors or external but they provide the details of the "allowed" colour etc but they still own the door, it's most likely a cost containment measure that decoration is left to the unit owner. We don't do this as we found the landlords were allowing the doors to fall into disrepair and rot was setting in and as such we stepped in.

    It's a grey area which only your lease can 100% answer. You door is defective in that is has a draught, and if it is a fire door this 100% needs to be looked at, no fire door comes with single pane glass as i'm aware so your security issues are less than you think. But even if you own that door you cannot make changes which visually change a building you don't own. As another example you may own the first layer of plaster of the external wall but not the render or blockwork behind it so technically you cannot put up even shelves on that wall without permission.

    Short Answer you should the following:
    1. Do nothing re the door right now.
    2. Get your lease or a copy of it.
    3. In the mean time go speak to the directors of the mgt co, they will have the info you need and it will save you a lot of time.
    4. DO NOT go in all guns blazing. People who spend their free time performing unpaid management services for an entire complex do not respond well to such an approach.


    Hope this helps.


  • Registered Users, Registered Users 2 Posts: 387 ✭✭peter_dublin


    the_syco wrote: »
    Get a new door, paint it the same as the old one, and put a mirror behind a pane f glass so that it looks like the other doors?

    If you took this approach in our development you would get the following:

    1. Three registered requests with time limits to restore the original door.
    2. A solicitors letter requesting the same. (This does it for most)
    3. Notification of our plan to return the door to its orignal state.

    At this stage it depends on the tenent, so attempt to block the management company for taking corrective action at which stage we are back to a solicitor and inform the owner of our intent to start legal preceeding based on violation of the lease agreement.

    During this stage "charges" not fines are applicable per unit leases and all costs are recovered from the owners. It has only ever got past 2 once as per my prior reply.

    That said it is a very quite, extremly well maintained and visually attractive complex now but that was not always the case and most people don't see the work involved.


  • Closed Accounts Posts: 247 ✭✭CricketDude


    Paulw wrote: »
    Actually there is plenty that they can do. Just because, in your case, they didn't, doesn't mean that they can't.

    They can actually remove the door, replace it with one that fits the development, and then bill you for the whole thing. This charge can stay on your account until you attempt to sell, and can also stop you from being able to vote at company AGMs.

    You should check your contracts, to be sure. Sounds like they just didn't bother chasing you.

    It takes nothing to ask, and most responsbile management company directors will have no problem with you changing doors, as long as they are of a similar style.

    I was on a couple of management committees myself.
    As I said, a lot of huff and puff is all the person will get.
    Just threats of this that and the other.

    Just like your own made up bull there about removing and replacing the door. Im pretty sure you have to open a door and cross the threshold to change the door, unless its different to every door ive ever seen. So you would be breaking the law there yourself. Oh, i forgot, its just another empty threat.

    You have to laugh really.


  • Registered Users, Registered Users 2 Posts: 72,192 ✭✭✭✭L1011


    Remind me to never, ever buy an apartment in Peter's development.


  • Registered Users, Registered Users 2 Posts: 13,272 ✭✭✭✭Paulw


    I was on a couple of management committees myself.
    As I said, a lot of huff and puff is all the person will get.
    Just threats of this that and the other.

    Just like your own made up bull there about removing and replacing the door. Im pretty sure you have to open a door and cross the threshold to change the door, unless its different to every door ive ever seen. So you would be breaking the law there yourself. Oh, i forgot, its just another empty threat.

    Shows how little you actually know there. Management committees?? A management company is a company. There is no committee. It is a company, with a board of directors. The shareholders vote on changes, etc, at an AGM.

    They are not breaking the law if they remove the door and enter the premises. There are clauses in the Lease Contract which allow them access to the property (under certain conditions obviously).

    To put it in to perspective, by altering the door without permission, you are in breach of contract.

    Simple solution for the OP is to talk to the management agent and get permission from the management company to replace the door with a door of similar style.

    Talking to the management agent will be a lot more constructive than listening to some posts on here.


  • Closed Accounts Posts: 1 dave_the_head


    dont be afraid of ur freedom


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  • Registered Users, Registered Users 2 Posts: 1,643 ✭✭✭Phoenix Park


    They might huff and puff at you but at the end of the day they cant do anything to you.
    I once changed an external door in an apartment and the management company sent me letter evry few weeks threatening this that and the other. Even trying to fine me. I tore them all up. There is nothing they can do bar send letters.

    Basically do the opposite of what this guy says.


  • Closed Accounts Posts: 247 ✭✭CricketDude


    Paulw wrote: »
    Shows how little you actually know there. Management committees?? A management company is a company. There is no committee. It is a company, with a board of directors. The shareholders vote on changes, etc, at an AGM.

    They are not breaking the law if they remove the door and enter the premises. There are clauses in the Lease Contract which allow them access to the property (under certain conditions obviously).

    To put it in to perspective, by altering the door without permission, you are in breach of contract.

    Simple solution for the OP is to talk to the management agent and get permission from the management company to replace the door with a door of similar style.

    Talking to the management agent will be a lot more constructive than listening to some posts on here.

    Oh jesus. Look who is talking. Shows how little YOU know.
    I was on the committees. Thats what we called them. Thats what most committees call them. You can call them boards too. But just because you dont know the different names for a committee, dont accuse someone else of not knowing.

    They are breaking the law if they remove your door without your permission.
    They are breaking the law by opening your door without your permission, unless it is an emergency that requires entry. The colour of the door does not constitute an emergency.

    Who do you guys think you are. Please stop with the huffing and puffing. Typical bull pretending you have the power to do things that you actually have no power to do. Just so you can scare the person into caving in to your demands.

    So come on then. Assuming im not dead in the apartment and there is no fire, under what circumstances can you legally force open my front door, take it down and put up another without my permission? I'd like an example.


  • Closed Accounts Posts: 247 ✭✭CricketDude


    MYOB wrote: »
    Remind me to never, ever buy an apartment in Peter's development.

    Me too. Unfortunately all he has posted is typical of the people running developments. Donbt really know wha they can and cant do and pretend they know everything. Really just paddling along, hoping they never get called out.


  • Registered Users, Registered Users 2 Posts: 13,272 ✭✭✭✭Paulw


    Who do you guys think you are. Please stop with the huffing and puffing. Typical bull pretending you have the power to do things that you actually have no power to do. Just so you can scare the person into caving in to your demands.

    You should read the posts. The majority are advising the OP to consult with his management agent and management company. The advice is to talk and get his facts from proper sources, rather than listening to random posters on an internet forum to go change his door and not consider anything else. :rolleyes:

    From what I have read, the vast majority of advice is logical and practical. To consult properly with those who are running his development. Of course, a few hotheads are telling him to go do whatever he wants to do and not consider the consequences.

    As for who I am ... I've served as a director of a management company for 4 years, and have plenty of practical experience of management company workings.


  • Closed Accounts Posts: 247 ✭✭CricketDude


    Paulw wrote: »
    You should read the posts. The majority are advising the OP to consult with his management agent and management company. The advice is to talk and get his facts from proper sources, rather than listening to random posters on an internet forum to go change his door and not consider anything else. :rolleyes:

    From what I have read, the vast majority of advice is logical and practical. To consult properly with those who are running his development. Of course, a few hotheads are telling him to go do whatever he wants to do and not consider the consequences.

    As for who I am ... I've served as a director of a management company for 4 years, and have plenty of practical experience of management company workings.

    And you dont know what a committee is. :eek:

    To be fair most people ive seen running developments are winging it too.

    Im sure there is a course for you to go on.

    Btw, you still havent answered my question.
    I'll post it here again
    "Assuming im not dead in the apartment and there is no fire, under what circumstances can you legally force open my front door, take it down and put up another without my permission? I'd like an example."

    After all you did write
    Paulw wrote: »
    They are not breaking the law if they remove the door and enter the premises. There are clauses in the Lease Contract which allow them access to the property (under certain conditions obviously).

    Its OK to admit you were lying.


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  • Registered Users, Registered Users 2 Posts: 387 ✭✭peter_dublin


    And you dont know what a committee is. :eek:

    To be fair most people ive seen running developments are winging it too.

    Im sure there is a course for you to go on.

    Btw, you still havent answered my question.
    I'll post it here again
    "Assuming im not dead in the apartment and there is no fire, under what circumstances can you legally force open my front door, take it down and put up another without my permission? I'd like an example."

    After all you did write


    Its OK to admit you were lying.

    Normally it would be under the same clause as a management company would go onto your balcony to remove a satellite dish, i.e. you are in breach of contract, I'll also add that we never refer to a management company as a commitee as it is a Company with directors per company law. And the finaly point is "its not your front door" nor do you "own" the apartment you have lease on on it. "Obviously" a management company will not go in all guns blazing and I think three registered letters, a solicitors letter and a person blocking correcting measures when it is them in breach of a legal contract they signed would stand up in well in court. But again I will say this "It will be specifically stated in the lease which varies from development to development".

    A lot of people here seem to forget that "they" signed "legally" binding contacts and if you are in breach of that contract it is normally in your lease that the management company can take action to resolve it such as a clause allowing entry for the restoration of the building fabric or failing that as we I stated we will take legal action for breach of contract.

    Some people may not find our approach as i detailed here great but this is also the same development which we wired internally the entire complex for satellite at no cost to owners etc to the benifit of all, that owners have a direct number to call for the directors and thanks to the directors there is no agent and fees are lowest in ten years and their is actually a sinking fund.

    It is about balancing the rights of the individual with those of the "community/co-operative" they have choosen to buy into and by choosing to do so you loose some aspect of control over the property as you no longer have a freehold on it. As well you need to learn that you decisions are no longer just about what you want but more of your wants against those of the community, i.e. you want to paint your door blue but everyone else wants the same.

    IF or not "some" management companies are effective is more a reflection on their management and their lack of education or as you out it "winging it, in our development we had to gain control back from members who had effectively hijacked it due to the prior directors not knowing company law and it was in going to be placed into recievership by the accountants having had run a deficit for some years. Nor was their any effective maintenance, tending or auditing procedures in place. In ten years we have turned it around to be the most desirable developent in the area but with every new owner and tenant comes the same "F**K YOU, It's my apartment and i'll do what I want".


  • Registered Users, Registered Users 2 Posts: 387 ✭✭peter_dublin


    Me too. Unfortunately all he has posted is typical of the people running developments. Donbt really know wha they can and cant do and pretend they know everything. Really just paddling along, hoping they never get called out.

    And this is the same we get from every new owner, we are smart enough to know when someone is in breach of contract and are appointed to act in the developments and owners best interest.

    We follow the procedure outlined by our solictors on handing issues such as in this topic and other areas such as arrears so as to ensure as much as legally possible the best outcome for the development as a whole.

    The amazing thing is the people who spout this crap about their rights which can often be avoided by a phone call "to" the directors are actually wasting their own money if the management company has to get solicitors involved to the stage of sending letters as it comes from the funds they pay to run the complex.

    You should both come and live in our development :-) It's very nice, quiet and the management company directors are always available to take your queries, all we ask is you don't dry your clothes in the car park, use the security railings for drying rugs, store your rubbish outside your door on the common path rather than walking to the communial bins or paint your door blue. In the mean time we will continue to work for "free" and take abuse for doing so.


  • Closed Accounts Posts: 247 ✭✭CricketDude


    Oh dear.
    Now there are two of you who think they can break a door and enter an apartment without the owners permission.
    And then build straw men for the rest of the night to deflect everyone from realizing that they are full of it.

    Let me rephrase the question, since you keep answering different questions and continue to insist you can break into someones apartment and change the door on them.

    When have you as a management company ever broken into someones apartment and changed their doors without their permission.

    I think I know what the answer will be.

    Its a simple question, yet the shi1te thats coming out of you to avoid answering it.

    peter_dublin, why dont you quote us this clause you have about allowing you to come on to a balcony to remove a dish (which i am aware of), but which also allows you to break into an apartment to change the door.


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


    Oh dear.
    Now there are two of you who think they can break a door and enter an apartment without the owners permission.

    Therein lies the bottom line. The management company actually own the buildings. If you "buy" an apartment you actually are taking out a long lease (typically 100 years) from the management company for your apartment. This gives you exclusive use of the internal space and any balconies or patios but you do not own anything. You also become a member of the management company.

    So technically (depending on each individual lease contract) the MC could do as has been suggested.

    The bottom line with the OP's question is that nobody on this board can answer their question - they need to go to their own legal contracts and see what they signed. That is what they are bound by.

    I have been a director in our development for 8 years - giving hundreds of hours of my time for free. Over that time I have learned so much that I didn't know at the time I bought - the company law stuff, the intricate details of the contract that I signed when we bought...stuff that was never pointed out by my solicitor. I don't know of anyone who bought an apartment in the boom who was fully prepared for the experience of living in a managed development and all the rights and responsibilities it brings.


  • Registered Users, Registered Users 2 Posts: 387 ✭✭peter_dublin


    Oh dear.
    Now there are two of you who think they can break a door and enter an apartment without the owners permission.
    And then build straw men for the rest of the night to deflect everyone from realizing that they are full of it.

    Let me rephrase the question, since you keep answering different questions and continue to insist you can break into someones apartment and change the door on them.

    When have you as a management company ever broken into someones apartment and changed their doors without their permission.

    I think I know what the answer will be.

    Its a simple question, yet the shi1te thats coming out of you to avoid answering it.

    peter_dublin, why dont you quote us this clause you have about allowing you to come on to a balcony to remove a dish (which i am aware of), but which also allows you to break into an apartment to change the door.

    CricketDude, my entry re that lease entry was as generic as it should be given it varies per lease and is the same as respect to the statement as the satellite dishes is. They are standard clauses in any lease, your interpetation of breaking and entering applied equally to the logic of entering a balcony to remove a dish as it does to a unit to perform repairs. You stated earlier that it's always in the case of an emergancy, can you qualify an emergancy, have you included in your lease all the possible definitions of an emergancy. We havn't it, is it simply not possible. I am not going to go around and around on this all night and I also not going to start picking through my lease agreement nor any other company documents to satisfy your requirement for a specific line from our development specific lease. Your picking at any possible not absolutly specified and detailed statement. I will go get the lease and post it in full for you when you "Define" exactly for me the "emergancies" which allow you to enter an apartment and I will give you the exact wording of the lease which allows with resonable notice to a owner and notice the requirement to gain entry to perform maintaince and or resolve issues such as the door issue at the heart of this topic.

    Or would you rather continue to portray it that the poor owner is going to return home to fine his or her home violated by the management company. They having forcefully gained entry and removed their door in order to effect the contractual agreement.

    As I stated earlier we will enforce the leases as necessary, and went on further to clarify if a unit owner impeeds that we would go legal. Non communication etc. is considered by us the same. Stop looking for non specifics in cases where you can't provide them yourself. I have given you more than enough detail as to how we operate within a framework defined by a qualified legal professional and i'll be damned if I will continue to justify it to someone whos approach is to advise the OP to violate a legally binding contractual agreement they signed on the basis of they may or not enforce it because you got away with it in the past.


  • Registered Users, Registered Users 2 Posts: 78,647 ✭✭✭✭Victor


    Can everyone relax?

    Anyone (barryd09, peter_dublin, CricketDude, vicwatson, Paulw, athtrasna, who the fug) who has posted 3 or more times on this thread is not to post until Monday.


  • Closed Accounts Posts: 247 ✭✭CricketDude


    athtrasna wrote: »
    Therein lies the bottom line. The management company actually own the buildings. If you "buy" an apartment you actually are taking out a long lease (typically 100 years) from the management company for your apartment. This gives you exclusive use of the internal space and any balconies or patios but you do not own anything. You also become a member of the management company.

    So technically (depending on each individual lease contract) the MC could do as has been suggested.

    The bottom line with the OP's question is that nobody on this board can answer their question - they need to go to their own legal contracts and see what they signed. That is what they are bound by.

    I have been a director in our development for 8 years - giving hundreds of hours of my time for free. Over that time I have learned so much that I didn't know at the time I bought - the company law stuff, the intricate details of the contract that I signed when we bought...stuff that was never pointed out by my solicitor. I don't know of anyone who bought an apartment in the boom who was fully prepared for the experience of living in a managed development and all the rights and responsibilities it brings.


    Would you listen to yourself. You are saying that you can force your way into someones apartment and change their door. And you guys keep saying.
    You cannot force entry into anyones apartment or house. Its illegal.
    Maybe you should talk to the guards and ask them what will happen when you do this.

    As I said, typical really of management companies. All bark and no bite. They just live off the fear of getting bitten.


  • Registered Users, Registered Users 2 Posts: 78,647 ✭✭✭✭Victor


    Would you listen to yourself. You are saying that you can force your way into someones apartment and change their door. And you guys keep saying.
    You cannot force entry into anyones apartment or house. Its illegal.
    Maybe you should talk to the guards and ask them what will happen when you do this.

    As I said, typical really of management companies. All bark and no bite. They just live off the fear of getting bitten.
    You were told not to post until Monday.


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


    Would you listen to yourself. You are saying that you can force your way into someones apartment and change their door.

    Not what I said. I pointed out that the management company own the apartment and lease it to the "owner".

    The answer to the OP's question is in the OP's lease. Any other comments on here are speculation based on experience in some cases and opinions in others.


  • Registered Users, Registered Users 2 Posts: 2,167 ✭✭✭Ben D Bus


    Oh jesus. Look who is talking. Shows how little YOU know.
    I was on the committees. Thats what we called them. Thats what most committees call them. You can call them boards too. But just because you dont know the different names for a committee, dont accuse someone else of not knowing.

    Were you the director of a management company? Registered with the CRO?

    I am. When we meet we don't call it a committee meeting, we call it a board meeting. Because that's what it is. By law.

    And as directors we have legal obligations and legal authority. Did you?

    Are you talking about the same thing?


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