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Private owners rights in an apartment complex

  • 23-04-2022 2:08pm
    Registered Users Posts: 205 ✭✭ Runster

    Hi there,

    I have a mortgage in an apartment complex that was built just before the boom ended and the bubble burst.

    The developers went bust.

    A group of the apartments never sold and NAMA took them over.

    A property company (we'll call them PC) bought them up and are renting them out.

    This PC seems to be trying to control the complex.

    When I google the name of our complex, the title of our complex appears with a pipe separating it from the title of this property company.

    This is a pipe: |

    They own about a third of the apartments.

    It would appear to anyone googling that they own the complex.

    I didn't think that type of thing was allowed?

    Also, this PC seem to be dictating what the management company do.

    They own the minority of the apartments but are implementing initiatives that they have in our complex.

    Then the management company are trying to drive their initiatives through the complex.

    Their initiatives are good but they never included the private owners in the planning or decision making.

    They implemented one really big initiative in their own apartments which costs a lot of money.

    This particular initiative only works when all apartments are involved in it.

    The management company planned and implemented it with them without bringing it to the board or the AGM, knowing this would affect our complex

    and knowing it would cause conflict in the complex.

    I spoke to the management company about it and was told that it will be implemented throughout the complex.

    It just hasn't happened yet.

    This was not government legislation; this was a decision by the PC and the management company

    to do this privately with their apartments.

    I think the property management company should be held accountable for not bringing it to the AGM

    and that they should pay for it if it is to be implemented.

    Otherwise I am planning on boycotting any decision to use our fees to pay for it.

    Do I have a leg to stand on?



  • Registered Users Posts: 270 ✭✭ JayPS 2288

    The owners of the apartments ARE the management company. Ideally it would be one person, one apartment, one owner, one voice.

    Since PC own one third of all units, therefore they represent 33% of the “voices” and will have massiv clout in terms of introducing new rules or changing / redacting existing rules.

  • Registered Users Posts: 128 ✭✭ Hontou

    There is something similar happening in a complex where I bought one apartment recently. I wonder is it the same complex. Is yours in Galway by any chance? I was planning on bringing it up at the first AGM I go to.

  • Registered Users Posts: 205 ✭✭ Runster

    No its in Dublin, there is a massive presence of this PC in Dublin complex's.

    I'm going to start looking into government legislation about it.

    I'm not sure if these PC type of companies are actually being regulated.

    There should be some regulator monitoring the business relationships between the PC and property management company.

    For the record; the property management company is a business that is employed by the apartment owners to 'run' the complex.

    They are employed by the apartment owners through a yearly management fee. You would imagine that the private owners would be at least

    informed about an initiative that affects the entire complex before it is implemented.

  • Registered Users Posts: 128 ✭✭ Hontou

    Exactly. Let us know here what you find out. This must be a nationwide problem.

  • Registered Users Posts: 205 ✭✭ Runster

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  • Registered Users Posts: 24,508 ✭✭✭✭ Mrs OBumble

    When was the last AGM? What happened when you raised your concerns?

  • Registered Users Posts: 205 ✭✭ Runster

    I didnt go to the AGM as I was so annoyed by their carry on. I thought I might get really upset.

    I believe there was no decision about it at the AGM but I was speaking to management and they told me it will be going ahead.

    I'm not paying for it though.

    If the management company think it's fine to treat the owners like tenants, making plans and decisions behind our backs then they can pay for it. Hopefully the other owners will back me up.

    If we let this go then they will keep treating us like that.

    I have a feeling though that they will go along with the plans just to keep the peace. You know the usual way that the Irish behave.

    I'll take it to a TD or regulator if I have to.

    I mightnt have control over the common areas but I do have control over what happens inside my own home.

  • Registered Users Posts: 205 ✭✭ Runster

  • Registered Users Posts: 9,426 ✭✭✭ Caranica

    The management company can of course make decisions on how fees are spent without involving the owners. The budget will be agreed at the AGM but there will always be discretionary expenditure.

    You didn't go to the AGM, because you might get too upset? What you should have done was go to the AGM and join the board of directors. Nobody else will better protect your investment than you will.

    Not paying fees will put you in breach of the contract you signed at purchase. That won't end well for you.

  • Registered Users Posts: 205 ✭✭ Runster

    This piece of work is not included in the fees. This is an extra if you like.

    If the shoe was on the other foot and the management company did this behind the PC back. They would start cutting business ties with them.

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  • Registered Users Posts: 17,468 ✭✭✭✭ Thargor

    What's being done that's upsetting you exactly?

  • Registered Users Posts: 9,426 ✭✭✭ Caranica

    Check your contract, you may still be obliged to pay.

  • Registered Users Posts: 387 ✭✭ spuddy4711

    A PC, not aware if it’s same as OP, has a policy of upgrading the fire protection in each of their apartments. This involves removing the hall plaster ceiling and increasing the wall height to the concrete ceiling. Their rental apartments will have greater fire protection than the owner apartments which may be next door.

  • Registered Users Posts: 24,508 ✭✭✭✭ Mrs OBumble

    For all you know, the other private owners may be in favour of the work being done.

    If the PC has 1/3 of the votes, then it would not take many others to agree in order for a majority to vote in favour.

    Have you spoken to any of them?

  • Registered Users Posts: 205 ✭✭ Runster

    I think everyone is missing the point, i already said their initiative is good.

    This thread was set up because CP is trying to control our complex.

    Obviously the Management company is controlled by them as well.

    When I bought my home, I didn't sign a contract with CP; I'm not their tenant.

    When they came to the complex I didn't sign a contract with them then either.

    Even if every owner in the complex decides to buy into it, they cant make me do it.

    Its my home. You don't see the management company involved in ensuring everyone has

    their pumps replaced. They would tell us its inside our own home so its our responsibility.

    You don't see them telling us to replace our extractor fans even though they are part of the cause of rust and mold

    inside our bathrooms and they are causing actual current real time health risks.

  • Registered Users Posts: 205 ✭✭ Runster

    I already addressed this earlier before you wrote the above. You seem to be more interested in winding me up than adding value to the thread.

    My response to that was that I won't be paying for it.

    Post edited by Runster on

  • Registered Users Posts: 9,426 ✭✭✭ Caranica

    Your problem is you don't own your home, you have a lease from the management company. They can mandate that you do it and if you check your contract you'll see that you agreed to that.

  • Moderators, Society & Culture Moderators Posts: 6,424 Mod ✭✭✭✭ pinkypinky

    Are you confusing the managing agent with the Owner's Management Company (who appoint an agent).

    If you don't go to the AGM and engage, it's hard to get support for other initiatives. If you get enough people together to form a quorum, you could call an EGM to discuss this in the proper setting. However, if this PC owns enough apartments, they'll be able to block anything they like.

    Post edited by pinkypinky on

    Genealogy Forum Mod

  • Registered Users Posts: 205 ✭✭ Runster

    If we employ a management company who goes behind private owners backs then they need to be sacked.

    As I said earlier if they did the same to CP; they'd be cutting ties with them

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  • Registered Users Posts: 205 ✭✭ Runster

  • Registered Users Posts: 205 ✭✭ Runster

    I fully intend on going this year.

    I cant say I've been enlightened by anyone on the thread about my question. The only one who offered any relevant input was the OP who mentioned that a similar occurrence is taking place where they bought.

  • Registered Users Posts: 24,508 ✭✭✭✭ Mrs OBumble


    Talk to other possibly like minded owners beforehand.

  • Registered Users Posts: 205 ✭✭ Runster

  • Registered Users Posts: 205 ✭✭ Runster

    You don't seem to get the initial comment.

    The PC and the Management Company did private business with each other without informing the board or the AGM.

    This business affects the entire complex.

    So when that kind of thing happens it doesn't matter if you attend the AGM and are a board member because it's taking place behind your back okay.

  • Registered Users Posts: 9,426 ✭✭✭ Caranica

    Management company or management agent? If it's the agent, call an egm and sack them

  • Registered Users Posts: 205 ✭✭ Runster

    Thank you!

    I will ask that specific question at the AGM.

    So far I have had to draw what happened out of the PC Director as the management company told us nothing.

    I will attend the AGM and ask who specifically ordered the plans to be carried out.

    I only know that the complex Project Manager from the management company was planning and implementing the initiative with

    the the PC for almost a year without saying anything on the board or at the AGM. The PC Director told me this. I also know the Director of the management company knew about it.

    After that I have no idea who gave the orders. I will ask.

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  • Registered Users Posts: 205 ✭✭ Runster

    Well when you use the terms like that then the answer is the management agent.