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Residents Association

  • 10-02-2014 11:21pm
    #1
    Registered Users, Registered Users 2 Posts: 514 ✭✭✭


    Just wondering if someone could give me a pointer as to where I could find information on legal disputes between a resident of an estate and the actual residents association.
    I am the chairman of a large association and during our agm various issues get voted on and a course of action is agreed .This is normally just things like a clean up day and requesting the local council to repair damaged footpaths or cut down trees etc.
    However one resident who is effected by overgrown hedges on land outside his house but not on his property wants us to ask the council to cut them down and this was voted on and agreed.
    The resident next door has threatened legal action against the committee if we don't leave them as.
    Can we be sued as individuals
    Thanks


Comments

  • Closed Accounts Posts: 6,496 ✭✭✭Boombastic


    argentum wrote: »
    Just wondering if someone could give me a pointer as to where I could find information on legal disputes between a resident of an estate and the actual residents association.
    I am the chairman of a large association and during our agm various issues get voted on and a course of action is agreed .This is normally just things like a clean up day and requesting the local council to repair damaged footpaths or cut down trees etc.
    However one resident who is effected by overgrown hedges on land outside his house but not on his property wants us to ask the council to cut them down and this was voted on and agreed.
    The resident next door has threatened legal action against the committee if we don't leave them as.
    Can we be sued as individuals
    Thanks

    He can cut anything overhanging on his side of the border and give the clippings back.

    Not sure about suing


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


    argentum wrote: »
    However one resident who is effected by overgrown hedges on land outside his house but not on his property wants us to ask the council to cut them down and this was voted on and agreed.
    The resident next door has threatened legal action against the committee if we don't leave them as.
    Can we be sued as individuals

    Considering that a resident's association have no legal basis, then any legal action would have to be against the individuals (such as the committee members).


  • Registered Users, Registered Users 2 Posts: 5,641 ✭✭✭Teyla Emmagan


    Surely if you ask the council to cut them down, and the council see an issue and cut them, then the only people who could be sued are the council? Anyone can ring the council and ask to have trees/hedges cut back, that's perfectly legal. Even if a group of people asked surely that should be the same thing.

    I know our Res association has insurance that we get updated for various activities we put on during the year and we can then get specific members of the committee added to the insurance in relation to those activities so they are indemnified against any personal claims against them. And it's no additional cost to the association.

    I know nothing about the law but to me it sounds like he hasn't a leg to stand on. Have you any solicitors in your area you can ask? That's what I normally do when I have a legal issue relating to the association.


  • Registered Users, Registered Users 2 Posts: 2,781 ✭✭✭amen


    However one resident who is effected by overgrown hedges on land outside his house but not on his property

    Ianal but surely the devil is in the detail. If the tree are on land outside his house and the over hang is not across his property then what right would he have to have the tress cut ?


  • Registered Users, Registered Users 2 Posts: 603 ✭✭✭kennM


    argentum wrote: »
    Just wondering if someone could give me a pointer as to where I could find information on legal disputes between a resident of an estate and the actual residents association.
    I am the chairman of a large association and during our agm various issues get voted on and a course of action is agreed .This is normally just things like a clean up day and requesting the local council to repair damaged footpaths or cut down trees etc.
    However one resident who is effected by overgrown hedges on land outside his house but not on his property wants us to ask the council to cut them down and this was voted on and agreed.
    The resident next door has threatened legal action against the committee if we don't leave them as.
    Can we be sued as individuals
    Thanks

    Largely answered already... one thing that's not mentioned is where the hedges are originating from. I would assume its from the residents garden who is threatening to sue?

    You are entitled to cut back plants/trees that are growing into your private space. Likewise the council are entitled to cut back trees/shrubs that are overgrowing areas that are in council control... e.g. footpaths, etc.

    On what basis is he threatening to sue? I can't see them having any legal basis whatsoever? Unless the threat is to cut them down within his property (assuming him... for no particular reason so grammar/PC police hold back).


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  • Registered Users, Registered Users 2 Posts: 514 ✭✭✭argentum


    Thanks all for the replies..just to make it a bit clearer ...the bushes/tress are on the outside verge of the footpath (is this owned by the council)
    Resident wants the them cut back as they scratch his car when hes driving out of his garden
    Resident 2 wants them kept the way they are as they block some of the noise from the main road into his house.


  • Registered Users, Registered Users 2 Posts: 8,062 ✭✭✭Uriel.


    argentum wrote: »
    Thanks all for the replies..just to make it a bit clearer ...the bushes/tress are on the outside verge of the footpath (is this owned by the council)
    Resident wants the them cut back as they scratch his car when hes driving out of his garden
    Resident 2 wants them kept the way they are as they block some of the noise from the main road into his house.
    Then they are on a public thoroughfare and if it is a housing estate under the control of the council, it is the council's responsibility to maintain the trees/bushes. The resident threatening to sue has no legal cause of action in such a scenario.

    Sounds like a grumpy bastard.


  • Registered Users, Registered Users 2 Posts: 5,641 ✭✭✭Teyla Emmagan


    argentum wrote: »
    Thanks all for the replies..just to make it a bit clearer ...the bushes/tress are on the outside verge of the footpath (is this owned by the council)
    Resident wants the them cut back as they scratch his car when hes driving out of his garden
    Resident 2 wants them kept the way they are as they block some of the noise from the main road into his house.

    Why can't he cut them back himself? They only need a foot off or so on either side obviously. Or does he want to get rid of them entirely? No wonder resident 2 doesn't want that, I wouldn't either.


  • Registered Users, Registered Users 2 Posts: 603 ✭✭✭kennM


    argentum wrote: »
    Thanks all for the replies..just to make it a bit clearer ...the bushes/tress are on the outside verge of the footpath (is this owned by the council)
    Resident wants the them cut back as they scratch his car when hes driving out of his garden
    Resident 2 wants them kept the way they are as they block some of the noise from the main road into his house.

    OK, so by the sounds of it they are council owned and as such resident threatening legal action has absolutely no grounds to do so.

    From a noise mitigation perspective, too much experience in this area, foliage offers absolutely minimal noise protection. http://www.ta-inc.com/newshtml/TreesAsSoundBarriers.html, 100feet of dense pine trees will offer about 5dB of protection. 1 bush isn't going to make a material difference whatsoever.

    If his only argument is noise then its irrelevant... the bush offers practically zero noise protection. Trust me, we've explored this detail in depth and we have an ongoing issue in this regard ...


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


    I assume the residents' association is unincorporated. If so resident 2 cannot sue it if he is a member. If 2 is not a member he is free to sue the association.

    Either way 2 can sue individual members of the association and or the committee in their personal capacities.

    Duty of care and the rest of it are different issues to be dealt with on the facts.

    BTW residents' associations should not confuse themselves with management companies in terms of what they can do !


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  • Registered Users, Registered Users 2 Posts: 52 ✭✭comfort


    Not sure if this is in the correct place but apologies if not and please rectify.

    Issue is the residents assoc in our estate are dumping any weeds, green clearings etc from cleanups into a corner of a partially enclosed smaller green area. For me this is contradictory. Having been told many years ago that there is no dumping to occur there but yet the committee take upon themselves to allow it for when they are doing a cleanup of the area.

    Now I am asking to make sure that I myself are not being unfair - the area is clearly owned by the council and is a nice area of grass enclosed by hedging. I myself look after the hedging and put the cuttings into clear plastic bags (received form council) and get them collected by the council when needed.

    While I have to say I do object to the dumping of wheelbarrow loads of debris (presuming and hoping it is just leaves and twigs and weeds etc) as was enforced by the committee at the beginning of formation. Is what they are doing legally incorrect as this would and has caused weeds etc to now grow in the corner of the dumping and the grass when being cut can no longer be cut right along the hedging.

    Without being too dramatic but really to enforce their own ruling are they wrong in what they are doing? I have said why can't they [put the collected material into plastic bags for the council to collect or even (as I have done at times) put it into their garden waste bins.


  • Registered Users, Registered Users 2 Posts: 26,997 ✭✭✭✭Peregrinus


    comfort wrote: »
    . . . . I have said why can't they [put the collected material into plastic bags for the council to collect or even (as I have done at times) put it into their garden waste bins.
    And what was the reply when you said this?

    Sounds to me like the residents association are guilty of dumping. If you get no joy from them, complain directly to the council about it.


  • Registered Users, Registered Users 2 Posts: 4,396 ✭✭✭whomitconcerns


    comfort wrote: »
    Not sure if this is in the correct place but apologies if not and please rectify.

    definitely not the right place in a 6 year old thread, unless you want 6 year old solutions :)


  • Registered Users, Registered Users 2 Posts: 52 ✭✭comfort


    Peregrinus wrote: »
    And what was the reply when you said this?

    Sounds to me like the residents association are guilty of dumping. If you get no joy from them, complain directly to the council about it.

    To quote what a person said with their wheelbarrow as he walked towards the area to dump.....

    "Well I am not putting into my garden waste bin!" and carried on and dumped it.

    Now it wasn't much but that's not the issue.


  • Registered Users, Registered Users 2 Posts: 52 ✭✭comfort


    definitely not the right place in a 6 year old thread, unless you want 6 year old solutions :)

    LOL, thanks but I saw Residents Association and thought it was a thread but unsure.

    Ah well.


  • Registered Users, Registered Users 2 Posts: 52 ✭✭comfort


    Peregrinus wrote: »
    And what was the reply when you said this?

    Sounds to me like the residents association are guilty of dumping. If you get no joy from them, complain directly to the council about it.

    I did indeed contact the council about this matter and kept it anonymously as possible because I do believe in giving the benefit of doubt (once only) and made it an enquiry.

    Council rep replied by saying that it indeed is illegal to dump anything of any kind in and area not designated for dumping and that as I had suggested that gathering garden waste or area cleanup and put into clear plastic bags which are available from the council offices and when finished contact the council and they will collect.


  • Registered Users, Registered Users 2 Posts: 52 ✭✭comfort


    Just to add I have often wondered why Resident Associations do not register with their local town councils. For me I think this would be a requirement but it seems that they only keep the RA information of those associations that make a request for a grant which is understandable but why not make it that an RA have to submit the creation information including Chairperson, Secretary and treasurer and the RA committee must keep the local council up to date with any changes to the committee as the Bank Account details would remain the same for the RA.

    This is something I think needs to be tied down a bit more as then it helps the councils to contact the secretary or treasure etc for a particular RA or on a mailing list for all RA's in the town to notify of any news or grants available.

    What do you think ?


  • Registered Users, Registered Users 2 Posts: 71,147 ✭✭✭✭L1011


    Town councils were abolished in 2014 and even then many large towns didn't have one


  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    That is true. In theory Town Council functions have been taken over by the County Council.
    imho abolition of the Town Councils was a mistake. A lot of corporate memory lost through staff moves etc. Hope they are restored.


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