Management Company Installed Gates

Aoife_Byrne

Hi, can anyone advise re thisplease:My management company has erected gates around my apartment complex without any agreement from any residents. These gates will be locked with access given by ringing a number on a mobile phone to only people who are not in arrears hense blocking people from entering their own property. Can they do this? Is there anyone I can contact regarding this?

is_that_so

Aoife_Byrne wrote: »

Hi, can anyone advise re thisplease:My management company has erected gates around my apartment complex without any agreement from any residents. These gates will be locked with access given by ringing a number on a mobile phone to only people who are not in arrears hense blocking people from entering their own property. Can they do this? Is there anyone I can contact regarding this?

I'd say they can't and it sounds illegal to me, but a solicitor could tell you for sure and you should get on to one ASAP. Has this actually been confirmed in writing re arrears?

punisher5112

Aoife_Byrne wrote: »

My management company has erected gates around my apartment complex without any agreement from any residents. These gates will be locked with access given by ringing a number on a mobile phone to only people who are not in arrears hense blocking people from entering their own property. Can they do this? Is there anyone I can contact regarding this?

Of course they can as you don't own the grounds....

You own or rent basically the inside walls of the apartment and everything outside is controlled by management company.

You do know this will be made up of property owners a GM will be held to discuss.

I wouldn't be complaining of having a much more secure place.

Mike3549

Aoife_Byrne wrote: »

Hi, can anyone advise re thisplease:My management company has erected gates around my apartment complex without any agreement from any residents. These gates will be locked with access given by ringing a number on a mobile phone to only people who are not in arrears hense blocking people from entering their own property. Can they do this? Is there anyone I can contact regarding this?

Were you at the last AGM? If you paid your fees this shouldnt bother you

Edit: they are not blocking entrance to your property, they are blocking entrance to common areas

Aoife_Byrne

Don't get me wrong I'm not complaining of a safer place... I'm complaining of my access being block to my property? The gates were erected without any agreement at an agm.. Even the director on the management company wasn't aware

Aoife_Byrne

Yes iv been emailed to say they cannot process my application for the access system until the arrears are paid or an acceptable agreement is reached. I was in an agreement and have proof, he's saying there was no agreement made! Very difficult person to deal with.

is_that_so

Mike3549 wrote: »

Were you at the last AGM? If you paid your fees this shouldnt bother you

Edit: they are not blocking entrance to your property, they are blocking entrance to common areas

By the sounds they are blocking access to the individual properties. They can only attempt to prevent non-residents accessing the common areas, not residents. Who knows how many are tenants rather than owners. They are not responsible. Very draconian approach IMO and I would think illegal. But I guess they think it's cheaper than going to court. I'd also say Joe would have a ball with this one!

Aoife_Byrne

Mike3549 wrote: »

Were you at the last AGM? If you paid your fees this shouldnt bother you

Edit: they are not blocking entrance to your property, they are blocking entrance to common areas

They are blocking entrance to my property?!

Aoife_Byrne

is_that_so wrote: »

By the sounds they are blocking access to the individual properties. They can only attempt to prevent non-residents accessing the common areas, not residents. Who knows how many are tenants rather than owners. They are not responsible. Very draconian approach IMO and I would think illegal. But I guess they think it's cheaper than going to court. I'd also say Joe would have a ball with this one!

Yes many people have suggested Joe would love it!

is_that_so

Aoife_Byrne wrote: »

Yes iv been emailed to say they cannot process my application for the access system until the arrears are paid or an acceptable agreement is reached. I was in an agreement and have proof, he's saying there was no agreement made! Very difficult person to deal with.

Definitely solicitor time so just to see how this whole thing stacks up legally. Maybe you can get together with others in the same boat and discuss it. Is it an Owners' Management Company? Is there any way you can call an EGM over it?

Mike3549

Aoife_Byrne wrote: »

They are blocking entrance to my property?!

Not really, only common area, they didnt change your locks.

Edit: you know you dont own the property, only a lease

kravmaga

Aoife_Byrne wrote: »

Yes iv been emailed to say they cannot process my application for the access system until the arrears are paid or an acceptable agreement is reached. I was in an agreement and have proof, he's saying there was no agreement made! Very difficult person to deal with.

Why don't you set up a Standing Order for the annual mgt fee to be paid that way.

Any Judge will see that you have been co-operative and are trying to pay the annual fee.

If you are in arrears, try and look at taking out a credit union loan to clear it.

Aoife_Byrne

kravmaga wrote: »

Why don't you set up a Standing Order for the annual mgt fee to be paid that way.

Any Judge will see that you have been co-operative and are trying to pay the annual fee.

If you are in arrears, try and look at taking out a credit union loan to clear it.

I have a standing order going the past few years, I'm a bit behind due to unforseen circumstances and have submitted a proposal to pay arrears

is_that_so

Mike3549 wrote: »

Not really, only common area, they didnt change your locks.

Edit: you know you dont own the property, only a lease

What are you on about? You own the property within the building and are entitled access to that property, which BTW is not owned by the management company.

Aoife_Byrne

is_that_so wrote: »

Definitely solicitor time so just to see how this whole thing stacks up legally. Maybe you can get together with others in the same boat and discuss it. Is it an Owners' Management Company? Is there any way you can call an EGM over it?

I think I will ring a solicitor in the morning for advice. The only way to call a meeting wud be to knock on every single door, not really feasible

is_that_so

Aoife_Byrne wrote: »

I think I will ring a solicitor in the morning for advice. The only way to call a meeting wud be to knock on every single door, not really feasible

For your peace of mind it is probably the best move. Best of luck!

Graham

Mod Note

Threads merged.

Aoife_Byrne

Mike3549 wrote: »

Not really, only common area, they didnt change your locks.

Edit: you know you dont own the property, only a lease

Yes they are blocking my access to an apartment I own, I asked for useful advise on whether they are in the right or wrong please not stupid statements

andekwarhola

is_that_so wrote: »

Definitely solicitor time so just to see how this whole thing stacks up legally

Might be better off putting potential solicitors fees into those service charge arrears.

is_that_so

andekwarhola wrote: »

Might be better off putting potential solicitors fees into those service charge arrears.

There seems to be an arrangement according to the OP. Real issue appears to be a unilateral decision by the management company to restrict access to collect arrears. Even fully paid up I'd want to know what the legal deal was. Arrears are a pain but OMCs apparently doing as they please are as much of a problem.

andekwarhola

is_that_so wrote: »

There seems to be an arrangement according to the OP. Real issue appears to be a unilateral decision by the management company to restrict access to collect arrears. Even fully paid up I'd want to know what the legal deal was. Arrears are a pain but OMCs apparently doing as they please are as much of a problem.

Could have been agreed at AGM. OP seems a bit vague about the details and sounds like they didn't attend the AGM. Sounds like it's become a gated development and access restricted to fee payers. Doubt an OMC would do that without AGM vote?

Aoife_Byrne

andekwarhola wrote: »

Could have been agreed at AGM. OP seems a bit vague about the details and sounds like they didn't attend the AGM. Sounds like it's become a gated development and access restricted to fee payers. Doubt an OMC would do that without AGM vote?

They did it without a vote... It was mentioned at agms once or twice over the past few years but never actually agreed upon

andekwarhola

Aoife_Byrne wrote: »

They did it without a vote... It was mentioned at agms once or twice over the past few years but never actually agreed upon

Is the financial situation of the OMC pretty critical with regards to unpaid service charges?

By the way, there's no way the directors didn't know. Who else authorized it?

Delta2113

Check with Dublin Fire Brigade if they are happy with this in case off an emergency happening or it's a health and safety issue.

ShaneODub

Are they blocking all access routes, or just one/some of the entrances?

STB.

Aoife_Byrne wrote: »

They did it without a vote... It was mentioned at agms once or twice over the past few years but never actually agreed upon

I assume you are talking about car access gates.

The management company is made up of other owner representatives. Have you attempted to talk to any of them ?

As much it pains me to tell you this, the management company cannot block access to your apartment because you haven't paid your management fees.

pinkypinky

There's some confusion between the management company (of which all owners are a part. There will be a board of directors) and the managing agent, which will be a company appointed by the board of directors to run the development.

Apartment owners usually have a 999 year lease on their specific apartment.

The agent cannot erect gates without the board's approval. It is unlikely the board would do this without it being voted on - not least because there's presumably significant capital expenditure. This could have been at an AGM or an EGM, for which there should have been proper notice.

I have heard anecdotally of OMC's trying to block access to common areas to force owners to pay service charges but it's a very extreme measure and I doubt it has a solid legal basis.

OP needs to get complete facts and definitely consult a solicitor.

Caranica

Check AGM/EGM minutes and also planning permission applications as gates of this nature would need pp.

Management company directors are charged with acting in the best interests of all the owners and depending on your articles of association can make significant decisions without needing a vote.

Doing something as drastic as this suggests unpaid fees are a major problem. Owners signed legal documents agreeing to pay management fees, those fees are needed to run the development.

Graham

STB. wrote: »

I assume you are talking about car access gates.

I've head of that happening before, restrictions to access parking etc.

Never heard of access to an apartment being prevented.

Qrt

There’s also the thing about the phone number, what if someone’s phone dies?

Lantus

Get your agreement in place, be cooperative and pay all fees in a structured manner. It's good long term to ensure everyone pays as its just too damm easy to opt out. With a high fee income you can hopefully look forwards to a well maintained block with a sinking fund and long term vision for the future. It's a sign the directors actually care, your lucky to have a team putting so much effort in to make things better.