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Apartment Underground CarPark

  • 22-01-2018 8:57pm
    #1
    Registered Users, Registered Users 2 Posts: 2,126 ✭✭✭


    In recent months cars have been broken into and damaged in the underground carpark of my apartment block.

    The entrance gates are always locked and require a fob to gain access also the main pedestrian doors also require fobs to enter.

    Unfortunately the pedestrian doors can be pushed in with some force so this is maybe where the offenders are gaining entry.

    My question is are the Management company liable for any damages to your vehicle whilst underground?

    We do have camera underground but how effective they are is unknown to residents

    Thanks


Comments

  • Posts: 14,344 ✭✭✭✭ [Deleted User]


    I would imagine, even if it was surrounded by a 100ft wall and required 12 people pressing a button and turning keys at the same time to get in, the management company would still have a clause that they accept no responsibility for damage or loss of goods from vehicles. It's just a standard thing.


    I would request CCTV footage though, if possible, and make a report to the Gardai.


  • Registered Users, Registered Users 2 Posts: 2,263 ✭✭✭Shlippery


    To piggyback on this as a friend has suffered the same. and not to enter a legal discussion, but moreso along tenant rights... - if an apartment underground has been broken into multiple times - is there any recourse?

    His car was broken into a few months ago, no CCTV, multiple cars done.

    Fast forward to this week, car window smashed in again, but nothing taken.

    Does the property management have a duty to fix their gate/fob system? At present it's a gated system where anyone with the number can "call" the gate and it will open. It doesn't look like there's a restriction on the number that calls either, so any tom dick or harry with the number could dial the gates and rock in.

    Is this a case where it's tough luck? You'd imagine for the high rents in this particular area, you'd have some sense of security. At a stage where it's nearly safer look for on-street permit parking!


  • Registered Users, Registered Users 2 Posts: 23,898 ✭✭✭✭ted1


    No.


  • Registered Users, Registered Users 2 Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    Shlippery wrote: »
    To piggyback on this as a friend has suffered the same. and not to enter a legal discussion, but moreso along tenant rights... - if an apartment underground has been broken into multiple times - is there any recourse?

    Yes the LL should engage with the OMC to ensure security is as good as it can be. There is no forcing the issue though - most can't be arsed. Ask the LL for proxy at the AGM if he doesn't want to attend.


  • Registered Users, Registered Users 2 Posts: 7,223 ✭✭✭Michael D Not Higgins


    Yes the LL should engage with the OMC to ensure security is as good as it can be. There is no forcing the issue though - most can't be arsed. Ask the LL for proxy at the AGM if he doesn't want to attend.

    The landlord must engage with the OMC for any complaint the tenant has about the common areas.
    (h) if the dwelling is one of a number of dwellings comprising an apartment complex—

    (i) forward to the management company, if any, of the complex any complaint notified in writing by the tenant to him or her concerning the performance by the company of its functions in relation to the complex,

    (ii) forward to the tenant any initial response by the management company to that complaint, and

    (iii) forward to the tenant any statement in writing of the kind referred to in section 187 (2) made by the management company in relation to that complaint.


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  • Registered Users, Registered Users 2 Posts: 194 ✭✭happyfriday74


    Not liable unfortunatly.

    While the underground is protected by access fobs etc people can and do gain entry. Tailgating other residents is the most common way in and once inside door sensors can be blocked to keep them open.

    You'd also be surprised how often thieves blind calling random apartment intercoms until someone lets them in.

    Never leave anything in a car in an underground car park.


  • Registered Users, Registered Users 2 Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    The landlord must engage with the OMC for any complaint the tenant has about the common areas.

    What's the penalty?


  • Registered Users, Registered Users 2 Posts: 7,223 ✭✭✭Michael D Not Higgins


    What's the penalty?

    Depends on the issue and how it impacted the tenancy. I'm sure the RTB would take each case individually on its merits.


  • Registered Users, Registered Users 2 Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    Depends on the issue and how it impacted the tenancy. I'm sure the RTB would take each case individually on its merits.

    That's the RTA or the MUD Act - or something else?


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