Director of Management Company stalling sales

spaceHopper

https://www.boards.ie/discussion/comment/119200585#Comment_119200585

You have to do what is best for you here, it the medium term it will cost you more money and you can try to go after him but it would be a fool's errand. Pay the money get shot of the apartment, and mortgage costs, be free of it.

Then get your solicitor to draft to each of the residents outlining the demands how the sale was frustrated and delayed, that shortly legal papers will be filed seeking redress. Watch the sh1t hit the fan after that. Make a complaint to the companies office against the company and it's auditors. Write to the auditors pointing out that the director is legally barred from being a director.....

April 2022

https://www.boards.ie/discussion/comment/119201973#Comment_119201973

https://www.boards.ie/discussion/comment/119201383#Comment_119201383

He got rid of the accounts and auditor that were in place for the past 25 years and his friend acting as accountant and auditor. The company address also has the same address as his accountant friend

spaceHopper

https://www.boards.ie/discussion/comment/119202068#Comment_119202068

All the same pay up get free of it then later make a complaint for the companies office or Gardi for Fraud.

https://www.boards.ie/discussion/comment/119202068#Comment_119202068

April, he can’t have done this in an OMC without the support of members. If he has that support, not much you can do. Owner apathy is the ruination of OMCs, people don’t attend, then complain about the decisions made.

April 2022

https://www.boards.ie/discussion/comment/119202416#Comment_119202416

Dav, it’s very difficult to even begin to explain what this place is like. He blocked us from attending in December 2020 (wouldn’t send us a link) and would only let my husband attend in December 2021. The reason he hates us is that we questioned outgoings on the accounts €20,000 going to him under a company name, which isn’t licensed). Since then when we receive our annual invoice, he adds other amounts in to them and when you question this he adds 15% interest on etc etc. A fair few of the apartments are now vacant, as he terrorised the tenants so much. I can’t even begin to get into what he has done, as I would be here all night. Our solicitor has said that if the sale falls through, he will be sued for all costs, this is not just an idea I came up with myself.

macvin

You and the others that are taking legal action need to create and sign a joint letter. Outline briefly the grievances and the fact that legal action will cost in the region of €10-€15,000 per case should it proceed to court.

These costs would have to be paid by the management company - effectively paid by you the other occupants. It will work out at a minimum of €xxxx per apartment.

Then add - a change to management would see significant savings to all occupiers of several hundred euro a year.

Then call an egm with the proposal that you switch to xxx management - and have a quote from a reputable management company.

With so many price rises, now is the time to get it changed

April 2022

Does anyone know if this bill could be offset against our CGT bill?

Mrs OBumble

https://www.boards.ie/discussion/comment/119202696#Comment_119202696

If you have an invoice for it, then likely yes. It's part of the cost of doing the sale

Lofidelity

What do the other directors and management agents have to say about this person?

Has he a job and the gardening etc is a tax free nixer?

He can't block you from the Agm either, the management agent organises this and sends the email link.

April 2022

https://www.boards.ie/discussion/comment/119202941#Comment_119202941

The other directors obey him, they have no say. He organises everything there including the links for the AGM. The older residents there think he’s fantastic. He needs them in his side to get votes. Unfortunately, there is no management agent, just this individual.

He does some cleaning and gardening. He goes out of his way to be horrible to people, he’s absolutely hideous. He’s demanding €10,000 from another owner, but said he would drop this if he rejoined the committee and dropped his case against him!!

Lofidelity

That's an unusual situation but it does happen with older and smaller apartment developments. Has he a Psra licence? Did you know about the management situation before buying? At the Agm the directors and agent have to be approved so thats the time to say you want change. He cannot stop you attending the Agm, as an owner you have a legal right to be there.

It might be useful to speak to other owners and find out who's with you and who's against.

April 2022

https://www.boards.ie/discussion/comment/119203394#Comment_119203394

I bought in 1995! I was 20! This person wasn’t there then. He bought in 2007 and came on our radars in 2010.

TheWonderLlama

https://www.boards.ie/discussion/comment/119185428#Comment_119185428

this is correct.

Again, the PRSA might be a good and quick way to go. It is illegal for him to be providing property management services for a fee without a licence.

Claw Hammer

Director or not he must be PSRA registered if he is charging for his work.

https://www.boards.ie/discussion/comment/119212291#Comment_119212291

I could be wrong, but I get the impression from the op’s posts that he charges for the maintenance work rather than for acting in the capacity of Managing Agent. The op might clarify this. Whether it is due to the opaque way this Director seems to dictate how the OMC is run, or due to the way the op seems to be uncertain how an OMC operates, I don’t think we are getting the full picture here.

April 2022

https://www.boards.ie/discussion/comment/119212588#Comment_119212588

He is not a management agent. He is a director of the OMC (all owners are members of this). He has taken it upon himself to act far outside his remit as director. He has the final say in every last thing that takes place in this complex. He carries out work and either charges other owners for this without any invoices etc or takes it out of the income going in each year from our maintenance fees. He has a name for his “company”, but this is not licensed.