Legal Action Against Board of Directors of OMC?

kibblesnbits30

We have purchased an apartment which has many issues (some are serious in nature having to do with dangerous illegal activity going on in apartments rented by other owners) which we’ve attempted to address with the Managing Agent (MA) and (the only person we’re aware of who is on) the Board. 

In our original lease, the names/contact info of the Board members are not listed anywhere, but because we had a meeting with An Garda Síochána, which we made the MA aware of (and invited him to attend with us), a member of the Board showed up (the MA did not). At the point of the meeting, we didn’t think to ask the Board member herself for all the other board members’ info, but figured the AM would provide it to us. 

Unfortunately, since then, the MA won’t respond to our emails asking for the names of Board members, how and when the Board is elected, when the AGM is, etc. Before the meeting with the Guards, we did ask for an EGM because we wanted to make sure all owners were aware of the illegal activity taking place in our complex, to which we were told by the MA, “no, there will be an AGM later in the year”. 

We no longer call the MA, but rather email, because we want a record of all communication, considering how serious the nature of the issues are within our apartment complex), and continue to work with AGS to resolve the issue of illegal activity. 

However, there are other (less serious from a legal perspective) issues that also need immediate addressing (for example, every day people are dumping many bins of rubbish in our courtyard), and to date, we haven’t revived a response regarding who the board members are, and how to run for the board ourselves. We know for a fact that the emails to where we are sending our enquiries are correct/current, so it is indeed a matter of them being ignored. 

From this previous thread, it sounds like sending a letter from our solicitor to the one Board member whose name/info we do have is the next step, but I’d appreciate any information from anyone who has been through something similar. Snarky and presumptuous comments are unhelpful. ;) Cheers!

goingnowhere

Board members are the directors, their names must be registered with the CRO under company law. So a quick search of cro.ie will reveal all.

You are entitled by law to the register of all members of the OMC, i.e the owners of each unit in the development. You have the right to inspect the books of the company. If the MA or a director refuses to provide access or a copy in a reasonable time they are guilty of an offence.

So send a letter to the registered company address of the OMC stating you request a copy of the members register, the directors' and secretaries' register and the minutes of companies meetings (i.e AGM/EGM's) for the last 3 years pursuant to Companies Act Sec 169/215/216/217.

If you don't want to wait for an AGM, find out the terms for calling an EGM, but that will require you to collect the signatures of a number or % of owners

kibblesnbits30

Thank you so much!

GalwayGaillimh

https://www.boards.ie/discussion/comment/121100598#Comment_121100598

Did you have any luck ? Having same issue here...Being Quoted GDPR from my managing agent despite sending on Office of Director of Corporate Enforcement document and Data Protection Commision Document clearly stating the register of members is a public document and its be provided within 10 working days to a member who requests it.

I mean either Managing Agent is incompetent or they are trying to hide something...wanted to know why I wanted it as well !

goingnowhere

You are entitled to it by law

Put it in writing by post that if a reply is not forthcoming with the full members list within 10 days you will report the matter to the Corporate Enforcement Authority. Point out that a director of company faces a fine up to €5,000 and/or imprisonment of up to 6 months for non compliance.

If no reply after 14 days (per CEA advice) then file a complaint with them, looks like you have enough documentation right now to file that complaint

GalwayGaillimh

Does it need to be a physical letter registered post? or is an email asking for the registered members list and a reply being rejected due to GPDR enough ?

goingnowhere

That should be enough, its a clear refusal on bogus grounds

Remember the goal here is to get compliance with the MUD act and get the development sorted out, not to put people before the courts. The threat of action is hopefully enough

GalwayGaillimh

So got sent register of members list but it does not include actual home address of each member just apartment address they own...surely should contain members actual address...

https://www.boards.ie/discussion/comment/121154371#Comment_121154371

No, it usually a list of owners and the apartments they own. Most members (especially investors) of the OMC do not want unsolicited contact.

If you want to communicate with all the owners you can send a message to the Management Agent and ask them to forward it to all owners or alternatively raise your issue at the next AGM. Members of the OMC can then determine if they want to get involved.

goingnowhere

The list should contain the

Property number/name

Owner(s) name

Date of entry to register (i.e. date of sale)

Address

You have the option to go to the CRO and get the address of the directors for a small fee

GalwayGaillimh

https://www.boards.ie/discussion/comment/121160805#Comment_121160805

So should it contain the owners actual home address or just the address of the apartment they own in the development even though they dont actually live there?

kibblesnbits30

Hi! Going through all this currently. We sent a registered letter (physical) through An Post after being blatantly ignored via email for over a week, and what do ya know? Voila! We get an (incomplete) Members Register. 😂 But it was a start. And it did contain addresses, just not the date at which members were entered, or ceased to be members. We were then told (via email) that we weren’t entitled to the Register of Directors. Haha, wrong. We’ve now requested that via email, along with the previous 3 years’ AGM minutes (as owners, you’re entitled to all of this). We’ve learned so much about Irish law at this stage, which in fairness, we REALLY should have learned before, but you don’t know until you need it, you know? :) Anyway, our solicitor advised to send a physical registered mail to the office of the OMC. In our case, there was no registered “office”, but we found the two Directors’ addresses in a document we were sent prior to purchase, and one of our Directors is the secretary. So we sent the registered letter saying we are requesting the Register of Members, and that they have 10 days by law to furnish it to us upon receipt of the request (as that is how it’s written in the Irish Statute- which you can and should look up). An Post gives you the option of receiving an email once the letter has been delivered. Very helpful. Within three days of that registered mail being received by the Secretary at her home address, we received (via email) the (not quite complete) register of members. Hope this helps. We’re now onto other issues like realising our Managing Agent has no license, and no letter of Engagement (both offences under Irish law), and kicking out brothel #2 (we’ve gotten one of them kicked out successfully thanks to a responsive owner and help to Gardaí). Our AGM is next month and we are sending letters to all owners AND tenants, to try and gain as much support as we can to clean up our neighbourhood. Fingers crossed people give a care!

kibblesnbits30

It really depends on the owner/investor. If an owner actually cares about his or her investment and property value, then he or she would be glad to receive correspondence about anything that would genuinely have the potential to bring that value down. We are one of only two owner occupied units in a multi unit development, and many of the owners likely have no idea that there are two illegal, brothels running. The thing is, legally, they have to care. It is against Irish law to take any money or profit in any way from brothel keeping for example. If there is an owner who is allowing his property to be run as a brothel, who thinks he doesn’t have to care, he is mistaken. It’s is up to both the OMC (based on our constitution) and Gardaí to ensure illegal activity does not take place in the common areas of the MUD, and in the units themselves. A tenant can sue the landlord and the OMC, as far as I have learned, for knowingly not taking action on issues that create a public nuisance or safety hazard. Correct me if I’m wrong on this, as I’m still learning (and a new owner in a MUD). Basically, everyone who is part of the OMC not only has the right to ensure the MUD is being run properly, but the legal responsibility.

kibblesnbits30

The owner’s home address (obviously if the owner lives in the MUD, then the address will be that of the MUD).

kibblesnbits30

As tedious a task as it is to read through these laws, it is tremendously helpful in understanding your rights and responsibilities as a homeowner in a Multi Unit Development in Ireland. Just what we all wanna do on a Friday night, I know! 😉Here are links to the actual laws:

Companies Act 2014 -

https://www.irishstatutebook.ie/eli/2014/act/38/enacted/en/print#sec31

MUD Act 2011

https://www.irishstatutebook.ie/eli/2011/act/2/enacted/en/html