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Owner Management Governance Standards

  • 02-04-2024 9:29pm
    Registered Users Posts: 1

    What if an Owner Management Company, with House Rules, picks and chooses which Rules to apply, or not, to owners and tenants differently?

    What if there is a complete lack of consistency in how House Rules are applied, even amongst Owners?

    What if in the case of Owners, breaches of the Rules are serious enough to be a breach of the Leasehold Lease agreement and Local Authority Planning Permission?

    What if a Director of an OMC uses their Religious beliefs to influence the working of the OMC?

    What if the OMC ostracises Members who ask for the Rules to be applied equally?

    Thanks to anyone who Replies. Abuse is very welcome! :-)

    Just Curious.


  • Registered Users Posts: 10,455 ✭✭✭✭28064212

    Owners appoint directors. In much the same way as a (democratic) country's population bear responsibility for how their government acts, owners bear responsibility for how their OMC acts. And a single owner has a much greater influence than a single voter. If the directors continue to be elected, and the owners continue to allow them to operate as they please, that is a tacit approval of their actions.

    If the OMC are breaking laws, then sure, you can and should report them, but you'd want to be specific about which laws they're breaking. For example, there's no law against allowing your religious belief to influence your choices - if my Pastafarian beliefs tell me that our OMC should fund a free pasta dispenser in the lobby of the building, and I get that passed by the OMC board, there's nothing illegal in that. If my religious beliefs say that no black tenants are allowed, then that is illegal, but it's illegal under anti-discrimination laws, not practising-of-religion laws

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  • Registered Users Posts: 1,346 ✭✭✭Lenar3556

    The directors of the OMC will have some level of discretion when it comes to the manner in which ‘house rules’ are constructed and implemented.

    Breaches of the terms of a lease or the carrying on of activities which are at odds with the grant of planning permission for the development could potentially be a more serious matter, but it would depend on what precisely is involved ?

    The OMC is likely a private company limited by guarantee, and will have a significant degree of autonomy in how it conducts its affairs. However the Multi-Unit Developments Act 2011 does set some basic standards and it would be worth your while researching this piece of legislation, particularly if you are unhappy with how the place is being run. It would also be good to get your hands on a copy of the constitution of the OMC.

    Are the concerns shared by other residents? Have you, (and others) put yourselves forward for election to the board of the OMC?

  • Registered Users Posts: 26,026 ✭✭✭✭Peregrinus

    If the company is really behaving in an oppressive manner you do have the option of court action. But this is expensive and slow, and you shouldn't even think about it until you have first exhausted the possiblities offered by simply exercising your rights as a member, in collaboration with other members.

  • Registered Users Posts: 10,181 ✭✭✭✭Marcusm

    I’m sorry but merely getting such expenditure approved by the board would be insufficient. It would need to accord with the objects or constitution of the OMC (whether a Ltd or a DAC). It’s unlikely that the provision of free pasta or any other product which is not necessary for the maintenance, upkeep or management would be chargeable as service charge. Such costs, if incurred by the OMC, would likely be outside the powers of the directors and thus recoverable from them personally. As the OMC has no capital, such expenditure would lead to a prospect of insolvency.

    if the rules are arbitrary or not in line with the MUD Act, the relevant property lease or the constitution of the company then they are unlikely to be properly enforceable. However, seeking recovery might be difficult.