OMC and Freehold

Dav010

https://www.boards.ie/discussion/comment/118707551#Comment_118707551

You are at it again.

Clipcloppp

https://www.boards.ie/discussion/comment/118704436#Comment_118704436

https://www.boards.ie/discussion/comment/118664197#Comment_118664197

Thanks my solicitor checked my quey last week, they had my deeds in the system. She went back to the management company and said this house is not part of the OMC and xxx is not a member of the OMC regarding the property. She attached the draft deed used for the transfer of the house. I will leave it with my solicitor now and luckily Dav10 is representing me or any of us... thanks

Dav010

https://www.boards.ie/discussion/comment/118708593#Comment_118708593

You got an opinion, time will tell if it the correct one, let us know when the OMC respond.

Mrs OBumble

https://www.boards.ie/discussion/comment/118708593#Comment_118708593

Please do come back and tell us how you get on.

Clipcloppp

https://www.boards.ie/discussion/comment/118709046#Comment_118709046

The OMC are okay with it as they are with the other property also, which was done 8 months ago. They are obliged to do their paperwork. See you later Chip

maestroamado

OP you stuck with it and got it sorted...

There seems confusing here between MUDs and OMCs.... I think I read here that OMC was passed on by developer which I think cannot happen as must be managed by owners who have shared interest...

maestroamado

Yo stuck with it and got it sorted... There seems confusing here between MUDs and OMCs.... I think I read here that OMC was passed on by developer which I think cannot happen as must be managed by owners who have shared interest...

maestroamado

Dav...

If the Council do not maintain road, how can they collect property tax...

maestroamado

...

L1011

https://www.boards.ie/discussion/comment/118712150#Comment_118712150

Property tax is not affected by whether you are in a managed development or not; additionally its collected by Revenue anyway.

maestroamado

My understanding of OMCs is they were to replace resident groups to manage common areas in house only developments... Also I understood that if managed by owners need not file revenue returns... Am I wrong...

Claw Hammer

https://www.boards.ie/discussion/comment/118712576#Comment_118712576

Wrong. OMCs were set up to manage developments by developers, so that block insurance could be arranged., services like lifts maintained as well as maintenance of communal areas like car parks hallways etc. . In many cases there were problems due to developers not transferring common areas, retaining control of the company, ignoring unit owners in setting charges and generally causing difficulties for unit owners. The MUD act was introduced to clean up the situation.

It did not replace residents associations which are unincorporated associations in which the members have no legal link to each other and operate on a voluntary basis. It did not make anyone who was not previously a member of an OMC a member of one. In short, it did not impose obligations on unit owners where none existed previously.

maestroamado

My understanding of OMCs is they were to replace resident groups to manage common areas in house only developments... Also I understood that if managed gowners

maestroamado

I am a member of a multi unit development for years... We pay the fees for what you mention... OMC are not needed for houses as there are not common lifts like you say... Each house is insured separate... If there a problem transferring common areas planning authority will look after...

Claw Hammer

https://www.boards.ie/discussion/comment/118713239#Comment_118713239

In some cases the Local Authority insisted as a planning condition that OMCs be created to look after common areas of developments such as lighting, parking spaces and common gardens and refuse collection. In such cases each householder will have a burden on their title making the property liable for service charges. That can apply in respect of houses or apartments or schemes with a mix of apartments or houses.

There are other situations where the houses in a development are autonomous, There is no OMC and the Local Authority service common areas. For example, in many Victorian housing schemes there is a lane behind a terrace of houses shared by the householders. The Local Authority services the lane. there is no OMC and the MUD Act did not bring such properties into an OMC.

maestroamado

That's pretty much my view but I have never seen this as a planning requirement and would like to see what it looks like written into planning approval... It may be good idea but from my experience lots of these funds are sucked up with admin...

Claw Hammer

https://www.boards.ie/discussion/comment/118713725#Comment_118713725

This is one from a development in West Dublin.

"Details of Management Agreements for the maintenance and control of any areas of the overall site which are not to be taken in charge shall be submitted to and agreed in writing with the Planning Authority prior to the commencement of development. REASON: In the interest of the proper planning and development of the area."

maestroamado

Do you happen to know the planning ref... This public info...

Claw Hammer

https://www.boards.ie/discussion/comment/118715019#Comment_118715019

It is on the Fingal website. F99A/1620

maestroamado

Thanks I will have a look as an area that I seem to be outdated on...