MUD act PSRA and the IRISH Law

beaufoy

Mediation or Circuit Court, I am the owner of an apartment in a student village is run by an OMC which I am a member of. According to me Irish Law and the MUD act I should be able to retrieve the contact details of other OMC members. Also according to me and the PSRA the student village should be licensed by the PSRA. Also according to me and the MUD the OMC should have AGM's every year and accounts should be approved by the AGM before they are submitted. Also according to me and Irish Revenue the directors of the OMC should supply me evidence that my apartment has only been rented by students in order that i can apply for section 25 tax allowances...........However the directors of the OMC do not wish to disclose membership list, do not want to join PSRA, do not want to have an AGM every year, do not want to have their accounts approved by an AGM, and do not want to supply evidence required by the irish revenue.
According to MUD act I can make an application to the circuit court for the OMC to start acting lawfully, but the MUD act suggests I agree to mediation concerning my grievances....but what is the point of mediation the mediator is not allowed to suggest the OMC directors are allowed to break all the rules

P. Breathnach

Have you considered consulting the Office of the Director of Corporate Enforcement?

beaufoy

To be honest I have never heard of said office.I will look it up.....Thanks

Lockedout2

I wonder are there two separate companies here.

The OMC which owns the common areas and the student accommodation company.

You are a member of the OMC and have the authority to appoint the board at the AGM. You are not a member of the student accommodation company.

You should check the original documentation. You bought the apartment from a developer under a lease to which the OMC was a part.

Then you entered into an agreement with the SAC to lease the property to them for a period usually 10 years. Part of this lease would be that they agree to let it only to students, they may or may not be obliged to confirm this on an annual basis.

Before referring the matter to anyone you should check out the original agreement and see where you stand.

beaufoy

Without mentioning names of the student residences: I am the owner of an apartment in two complexes:
Both complexes are almost identical in design and size ie they were copies
The first earns about 6000 and I am charged as follows 2000 maintenance 1500 fees ect leaving a nett of 3500 which is acceptable. I assume they are run with the OMC and student residence seperately.
The second and one in question do their accounts as one claiming the gross income is 5000 and their expenses are 4000 leaving one thousand
WRT to the AGM in three years there have been 3 agms at the first complex and only one at the second. The (two companies)receivers accounted for 50 votes and owner occupiers some of whom were friendly with the directors accounted for 20 votes. I asked for contact details of owners who were not at the AGM in order to obtain a more representive vote for directors but my request was denied.
The main director has been in charge for more than 3 years and offered to resign if voted off, but I suggest according to MUD he should resign after 3 years (voted off or not) and stand for re-election

P. Breathnach

Unless the law has changed since I was last fairly up-to-date with things (possible, as I don't have a professional interest in such matters) the company must maintain a Register of Members which can be examined on payment of a token fee.

beaufoy

Yes you are correct but the question is what should be done if the company wants to keep the register of members a secret. They claim they are keeping the register a secret out of respect for the privacy of the members, but I suspect they are fearful of releasing register details because someone might use said info to benefit the members and to reduce the power of, or remove the directors

P. Breathnach

See:
http://www.irishstatutebook.ie/eli/2014/act/38/section/169/enacted/en/html
http://www.irishstatutebook.ie/eli/2014/act/38/section/216/enacted/en/html