Management Company Refuse to give Parking Discs

footfall789

Hi

I own an Apartment in an Apartment Complex since 2009 and the OMC/Board of Directors brought in Clamping in 2013 to ensure people play their service Charges and was voted on the Agm in 2012.

Only withholding of Parking Discs for non payment of Services Charges had been voted in at the AGM . I am currently up to Date with my Service Charge Payments .

In January of each year all Owners receive Parking Discs for that year . Unfortunately this year I did not receive any Parking Discs. I contacted the Management Company a number of times by e-mail requesting to be issued parking Discs for 2018 but all my e-mails have been ignored .I have spoken to the REP of the Mgt Company asking him to explain why I did not receive my parking Discs . The rep told me that he did not have to tell me . I then asked him who instructed him to do so and He said it was the Board of Directors. I have tried to find out what the issue is as to why I am not getting my Parking Discs but I have come up against a brick wall.

I am basically excluded from my Apartment as I cannot park there and I live away from the Apartment . I am also trying to sell my Apartment but cannot as the Selling Agent cannot show prospective buyers as I have no Parking Discs .

I would like to ask the question ,can the Board of Directors / OMC make the decision to withhold my parking discs without telling me what the problem is and refuse to deal with me .

I get the feeling that they are not allowed withhold my Parking Discs for what ever reason as they have no problem in mentioning that people who do not pay their service charges will not get Parking Discs.

Any suggestions on how i can force the BOD/OMC to tell me what the issue is in order to resolve it or get my parking discs.

Regards,

Claw Hammer

Do a Data Access request on the Management Company. It should have records of all decisions concerning you, minuted.

godtabh

You dont live there?

Maybe the want them for residents only?

Fol20

If your trying to sell it , outline to your solicitor that fees are all up to date and get your solicitor to contact them on your behalf for clarification

listermint

have you tried contacting the Board?

After all, they represent you as an owner.

K.Flyer

I find it odd that they have refused to issue you with parking discs and engage with you for no good reason.
Has there been some previous or recent conflict / disagreement between you and them ?

happyfriday74

Never heard of parking disks being withheld for any other reason then outstanding service charge.

footfall789

Regarding , previous issues , none that I can remember. But even if there was , they should say

Dear sir , we will not be issuing you with Parking Discs until you do x and y and z ......

I could work with this but they are not saying anything .

Basically the Management Company Rep said 'I dont have to tell you anything '.

Cushie Butterfield

Is the apartment occupied?

K.Flyer

footfall789 wrote: »

Regarding , previous issues , none that I can remember. But even if there was , they should say

Dear sir , we will not be issuing you with Parking Discs until you do x and y and z ......

I could work with this but they are not saying anything .

Basically the Management Company Rep said 'I dont have to tell you anything '.

If it was me, and everything was definitely in order, I'd send a Registered Letter demanding a response within 5 working days outlining the reasons why they have not been issued.
Failing that, a solicitor's letter might get them to reply quicker.

Baby01032012

I don’t understand your comment that you can’t access your apartment to show prospective buyers because you have no parking disc.

K.Flyer

Baby01032012 wrote: »

I don’t understand your comment that you can’t access your apartment to show prospective buyers because you have no parking disc.

Some developments issue resident and visitor parking discs and the clampers in some of these areas are like vultures.
If there is a very high chance of being clampled with no disc displayed then I can understand.

notharrypotter

Cushie Butterfield wrote: »

Is the apartment occupied?

If the apartment is currently occupied then does the tennant have the valid permit?

April 73

notharrypotter wrote: »

If the apartment is currently occupied then does the tennant have the valid permit?

This. Are there tenants in the apartment who have been given the parking permit? There may only be one or two per apartment? I don’t understand why they won’t tell you though - as an owner you should be entitled to know why.

vintagecosmos

Is there more to the story. Doesn't add up at all.

footfall789

Apartment is not occupied . In the Complex Owners receive parking discs and give them to the tenants if they are renting .

Regarding selling the Property, Estate Agent drives to the Complex and prospective buyers arrive by car as well. Parking Discs needed for their Cars otherwise they may be clamped , so no estate agent is willing to take a chance and park at a property where there is a good chance of them being clamped.

Birdsong

In my complex , we have discs also. However there is no clamping between 10 -5pm due to people having plumbers, builders etc calling. Might be worth asking is there a similar arrangement in place for your estate agent

Baby01032012

footfall789 wrote: »

Apartment is not occupied . In the Complex Owners receive parking discs and give them to the tenants if they are renting .

Regarding selling the Property, Estate Agent drives to the Complex and prospective buyers arrive by car as well. Parking Discs needed for their Cars otherwise they may be clamped , so no estate agent is willing to take a chance and park at a property where there is a good chance of them being clamped.

Can agent/ Buyers not park outside. 10 prospective buyers show up your not going to have 10 parking discs.

Doesn’t add up.

OldMrBrennan83

This post has been deleted.

April 73

Are there no visitor spaces in the complex that could be used by the Estate Agent or viewers?

Cash_Q

Surely the agent and prospective buyers can pay for on street parking outside the apartment complex? If your estate agent is so stuck for cash that they can't do that, offer to reimburse him/her if they provide parking tickets/receipts. It is surely part of their contract with you that they view the apartment, they can't use this excuse forever.

Aside from that, I would issue a solicitors letter demanding an explanation, further stating that failing to provide an explanation leaves you with no option but to seek partial refund of management fees, as management are failing in one of their core duties, which is to provide parking permits as per <xyz> in your contract.

vintagecosmos

footfall789 wrote: »

Apartment is not occupied . In the Complex Owners receive parking discs and give them to the tenants if they are renting .

Regarding selling the Property, Estate Agent drives to the Complex and prospective buyers arrive by car as well. Parking Discs needed for their Cars otherwise they may be clamped , so no estate agent is willing to take a chance and park at a property where there is a good chance of them being clamped.

Is this you talking or an estate agent? Plenty of properties don't have parking. So it's not an issue. Seems to be a generalisation on your part.

davo10

This doesn't seem plausible, the refusal suggests there is an issue as far as the MC are concerned. Also, very strange for all EAs to refuse to deal with you. If you phoned them, I'm not surprised the wouldn't discuss it over the phone, you need to visit their office.

Was yearly fee to be paid by a certain date and discs given out on that date? In one development I own a property the date is last working day of March, some owners think it's ok to pay in September.

Cushie Butterfield

Is the sale a voluntary one, or are there any ongoing or pending legal issues involving a spouse, financial institution, creditor(s) or other interested parties?

ArthurG

footfall789 wrote: »

Basically the Management Company Rep said 'I dont have to tell you anything '.

I don't think that's true. Thanks to the wonders of GDPR, any data controller holding information relating to you (as would appear to be the case here) is obliged to share that information within a predefined time period (I recall 40 days) of receiving your 'Subject Access Request'. They are allowed to charge for this (I think it's about €7).

Having said that, i'd agree with the other posters, something isn't adding up here, and before you go all regulatory on their asses, you might want to really check if something is outstanding from a fee perspective.

pinkypinky

There's plenty of apartment blocks with zero convenient visitor parking (thinking of Sandyford where a friend lives - he has no car and no space with his rental, visitors have to park almost a km away to find a space). It must be awkward to arrange viewings for a place like that.

But there's definitely something not adding up here. If you're up to date on fees, this should be a no-brainer. Make direct contact with the directors and cut out the agent.

OldMrBrennan83

This post has been deleted.

godtabh

April 73 wrote: »

Are there no visitor spaces in the complex that could be used by the Estate Agent or viewers?

What about open viewings?

Is there visitor parking like a text system or something?

vintagecosmos

Is the OP in violation of any house rules i.e. airBNB letting, not contributing to fire safety fund, unruly tenants etc etc.

footfall789

Tried solicitors letter , asking to return parking discs or give reason as to why, no reply.

As mentioned , if they could give a reason i could work with it but none has been forth coming .

Cash_Q

footfall789 wrote:

Tried solicitors letter , asking to return parking discs or give reason as to why, no reply.

Your solicitor's letter should have included an ultimatum that the solicitor would then act on if the letter was ignored.

.......

This post has been deleted.

Claw Hammer

ArthurG wrote: »

I don't think that's true. Thanks to the wonders of GDPR, any data controller holding information relating to you (as would appear to be the case here) is obliged to share that information within a predefined time period (I recall 40 days) of receiving your 'Subject Access Request'. They are allowed to charge for this (I think it's about €7).

Having said that, i'd agree with the other posters, something isn't adding up here, and before you go all regulatory on their asses, you might want to really check if something is outstanding from a fee perspective.

Since GDPR, the time limit is now 20 days, and there is no charge.

K.Flyer

footfall789 wrote: »

Tried solicitors letter , asking to return parking discs or give reason as to why, no reply.

As mentioned , if they could give a reason i could work with it but none has been forth coming .

Something not right with all of this. I deal with several management companies and they are very quick to inform owners / occupiers of any breaching of rules etc.
With the presumption that everything is in order from your side, then as already said, your solicitor needs to give them an ultimatum with a strong follow through plan.

nim1bdeh38l2cw

Claw Hammer wrote: »

Since GDPR, the time limit is now 20 days, and there is no charge.

The limit is 30 days under GDPR.

ArthurG

Claw Hammer wrote: »

Since GDPR, the time limit is now 20 days, and there is no charge.

They can charge if they want to be dicks about it:

https://www.dataprotection.ie/docs/Making-an-Access-Request/1715.htm

Wabbit Ears

From my reading of it someone is aware that OP doesn't live in the apartment block and folk have decided that the parking is for residents only.

The wall he is meeting is because he wants a parking spot as an owner but they have zero interest in giving him one because he doesn't actually live there.

I'd tend to agree with the management company on this one. You don't live there. You're not a resident. No parking permit for you. Go away and stop bothering us.

cruizer101

It doesn't matter if they live there or not if they are paying for parking they should have access to it, if they can't park there refund the fees.

Also if the management company wanted to do that why wouldn't they engage in any discussion with the owner.

the_syco

Wabbit Ears wrote: »

I'd tend to agree with the management company on this one. You don't live there. You're not a resident. No parking permit for you. Go away and stop bothering us.

So if a tenant lived there, he wouldn't get one as he didn't live there? He owns the apartment!

OldMrBrennan83

This post has been deleted.

K.Flyer

Wabbit Ears wrote: »

From my reading of it someone is aware that OP doesn't live in the apartment block and folk have decided that the parking is for residents only.

If the apartment was occupied and there was a strict quota of parking discs per apartment and the occupants of the apartment had the discs I could totally get why they would not issue more irrespective of whether you own the place or not.
However, in this case, the o.p. says the apartment is vacant.

footfall789 wrote: »

Apartment is not occupied . In the Complex Owners receive parking discs and give them to the tenants if they are renting .

In that case he is entitled to having a disc irrespective of whether he lives there full time or not.
What may prevent someone from optaining a disc then in that instance is that the previous tenants still possess a valid disc and the management company require it to be returned or expire.

The wall he is meeting is because he wants a parking spot as an owner but they have zero interest in giving him one because he doesn't actually live there.

If he owns the property and has no valid discs allocated to past or present tenants he is entitled to have a parking disc. Even if he only stays in the place once in a blue moon.

But not telling him why or engaging with him or his solicitor is seriously unprofessional of the management company if everything the o.p. says is true.

davo10

Wabbit Ears wrote: »

From my reading of it someone is aware that OP doesn't live in the apartment block and folk have decided that the parking is for residents only.

The wall he is meeting is because he wants a parking spot as an owner but they have zero interest in giving him one because he doesn't actually live there.

I'd tend to agree with the management company on this one. You don't live there. You're not a resident. No parking permit for you. Go away and stop bothering us.

Surely if the articles of memorandum state that each property is entitled to a parking disc, you should receive one irrespective of whether you reside there or not. If nothing else, to allow you to park and enter your property as you please without the risk of being clamped. I really don't see how the MC could dispute that. I think the op has a valid grounds for compliant, I also believe that not informing him of the reason it is being withheld, is unprofessional. At the very least, the op is entitled to an explanation. If my car was clamped in such circumstances, I would demand that the MC cover the cost of release.

Franz Von Peppercorn

Surely a landlord should get the disk, resident or not, and rent it to a tenant.

Franz Von Peppercorn

Regardless of the GDPR the op has a right to the minutes of the AGM as a director.

foxatron

I take it the spaces are shared between all residents or does your apartment have a specific numbered space?

4ensic15

Franz Von Peppercorn wrote: »

Regardless of the GDPR the op has a right to the minutes of the AGM as a director.

The o/p hasn't said he is a director.

Franz Von Peppercorn

4ensic15 wrote: »

The o/p hasn't said he is a director.

Has to be as an owner.

4ensic15

Franz Von Peppercorn wrote: »

Has to be as an owner.

No he doesn't. He only has to be a member.

davo10

Franz Von Peppercorn wrote: »

Has to be as an owner.

https://www.ccpc.ie/consumers/housing/apartments-and-duplexes/owners-management-companies/

Owners are members, directors are elected. But you are correct, as a member the op is entitled to minutes of AGM.

I had the misfortune to be a director of a development I own a property in for 10 years, the biggest pain in the hole was complaints from owners about decisions made by unanimous vote at AGMS they didn't bother their arse attending.

Lofidelity

The way this usually works is as follows, you give the car reg and proof of ownership to the parking enforcement company. A permit disc is then issued with the car reg printed on it and posted to the owners address in the apartment complex.

My guess is that the OP has a right to one car parking disc and it is already issued to a current or previous resident at his apartment. Therefore he or she will not be issued another until the current parking permit expires, usually every 12 months. That explains why another parking permit will not be issued to this address.

HeidiHeidi

Lofidelity wrote: »

The way this usually works is as follows, you give the car reg and proof of ownership to the parking enforcement company. A permit disc is then issued with the car reg printed on it and posted to the owners address in the apartment complex.

My guess is that the OP has a right to one car parking disc and it is already issued to a current or previous resident at his apartment. Therefore he or she will not be issued another until the current parking permit expires, usually every 12 months. That explains why another parking permit will not be issued to this address.

But why would the management company not just explain that? If that's what's actually happening.


Sounds most bizarre, the whole thing.