Management company

Lecter8319

My friend purchased an apartment a few months and have had numerous issues since they moved in. Leaking from an upstairs balcony, noisy neighbours and the general look of the common areas seems to be deteriorating.

They intend on attending the AGM which is next month but they dont have much confidence in the managing agent acting on behalf of the company. Are these agents voted in on an annual basis at the AGM? can my friend vote or is it just the directors of the company which decide which managing agent to use?

Any help is appreciated, he just wants to know how best to approach this. Thanks

ThreeGreens

Usually it's the directors who decide on the management agent. But the directors need to be voted in each year (usually a bout 1/3 of them need to be voted in each year and they serve a 3 year period but that changes by company). Your friend can put themselves forward for the role of director so that they have a say in the management agent.

As for the length of the management agents contract, well that will vary from company to company. In my experience they are usually rolling monthly or annual, but that can vary and bigger complexes probably have longer contracts.

Lecter8319

Would he just contact the current directors to find Out what the details are of the current contract or the management company? How would they go about trying to become a director? Would they try and get other owners onside and to vote for him? Thanks for your information so far, it’s been helpful

Del2005

https://www.boards.ie/discussion/2058331785/management-company

If common areas are deteriorating it's usually a sign of financial issues from members not paying their fees or because something serious used up lots of money. Did they see the financial records prior to purchasing? The management agent only does what the OMC tells it to do.

Lecter8319

https://www.boards.ie/discussion/comment/121629343#Comment_121629343

But Im sure the OMC works off the management companies advice, yes?. If people arent paying their fees, surely theres a way to make them pay, eg., remove parking permits when it comes to renewal, remove access to the bin area by issuing new keys, taking them to court so as to make an example of them to other non paying landlords, etc.

Del2005

https://www.boards.ie/discussion/comment/121629559#Comment_121629559

The OMC and Management Company are the same. The Management Agent works for the OMC and can only do what the OMC tells it to do.

The OMC can remove these but then people will just break the locks or dump outside if they take away rubbish access or park illegally and cut the clamp if the remove parking. The only recourse an OMC has against non payers is a lien on the property for when it's eventually sold.

goingnowhere

Its all money driven, agents are more than happy to spend money if there is money.

It all depends on what the lease states but there are many methods to encourage compliance. These work a lot better if the unit is rented as the tenant will climb the wall and the RTB will get involved etc, unfair yes but the OMC has no obligation on the tenants. Legal advice is recommended to ensure these actions are valid for the specific lease terms in force.

1. Change locks/code on bins
2. Change locks/code access to car park
3. Clamp car in car park
4. Removal of access to communal TV antenna
5. Refusal to engage with owner if an issue arises specific to them which does not impact on any other unit/owner
6. Removal of insurance cover from block policy for the unit and communicate same to the bank if mortgaged as the OMC insurance will have the banks interest noted.

If you really want to cause chaos you get a judgement mortgage on the errant unit and can force it to be sold. I know of one OMC which successfully terminated a lease and took ownership of a unit due a non compliant owner

LimeFruitGum

https://www.boards.ie/discussion/comment/121629559#Comment_121629559

This has been a big problem in our complex - it tends to be the same 3-5 owners every year who try to brazen it out. One of those is a landlord who owns a couple of units in the complex and he doesn't live there anyway. He couldn't care less if his fob doesn't work, but his tenants are impacted. Pure nightmare, as he ignores all communications.

But yes, we would have tried things like proposed payment plans before ramping up to disabling their door fobs, gate access before escalating to financial penalties & legal proceedings. Unfortunately money spent on legal affairs potentially means less budget for cleaning & maintenance. However, the non-payer can't expect to access facilities if they don't pay for them, so no money --> no access to XYZ.

BTW, your friend can put themselves forward at the AGM to join the director team if they want to volunteer & have some ideas for improvement.