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Management Fees Small Claims Court

mcgragger

Hi All.
Looking for some guidance here.

In short the estate management company is threatening to take me to court for non payment.

I've heard from an ex director that there are things amiss within the company.

The "owner" takes 40% of the total fee as payment.
45% of the remainder go on other ops costs including postage when they hand deliver every piece of mail.

Only 15% goes on upkeep.

I've asked for a copy of all financial info including access to audited accounts etc but not been given to me.
I've asked for an explanation to the postage fee charged when no stamps exist.
I've also been told that the fund from our houses is used to pay for bins for apartments across the street.

Ive no problem paying if I feel that the money is going on my estate. But I feel its lining a pocket and all I see is the grass getting cut.

So I've had a couple of letters now.... the last one seems to be a hand delivered letter again.... which seems to be a claim register at a local court for the amount.
Which is actually incorrect now as I paid 100e last month by a SO that I never shut down

The letter is dated 20th Jan but was only dropped in the letterbox last night.

It says I'm a Business Man. I'm not.
It says I'm the lease holder. I'm not I've a mortgage.
It says I must pay the solicitors the amount plus fees or go to court.

Plus the owner of the company owns several houses in the estate.

So should I go to court ? Is there enough technicalities there for a judge to throw it out.

I want to pay but I'm refusing to until we get clarity on where the money is going.

Anyone got an opinion on this?

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splinter65

Dav010 wrote: »

I was on the board of directors of an OMC, the ops post is typical of the letters we would receive from owners in relation fees. Most often they did not attend AGMs, did not understand their rights and obligations, and often made allegations with no basis in reality.

Op, you are a member of the OMC, the property management agents, often an auctioneer, works for you. If you are not happy with how the OMC is being run, you say that at the AGM and propose a change. During the AGM there will be an income and expenditure discussion, again, you have the option to question spending levels and propose change. Proposals are voted on, but majority rules, unless you use your rights as a member to question any items raised at the AGM, you may be accepting the majority decision without exercising your right to object.

Section 18(10) of the Multi-Unit Developments Act 2011 places an obligation on you as an owner to pay your management fees.

Excellent advice to get here for free. Thank you.

Eire Go Brach

mcgragger wrote: »

The managing agent is one person and she owns multiple houses in the complex.

If this is the case. It’s certainly open for abuse. This was the case with the builders years ago.
You need to listen to the advice here. As you seem to only want people to side with you.
Go to the AGM. Talk to other owners. Get rid of the management agent. We have voted ones out over the years. We also vote on how to pursue those in arrears.

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You could also contact the Property Services Regulatory Authority, who have powers to investigate if there is reasonable concern regarding management of client funds.

http://www.justice.ie/en/JELR/Pages/Property_Services_Regulatory_Authority

Claw Hammer

You need to get a copy of your title documentation from your bank and see exactly what covenants you have, and with whom. It sounds like you don't know your ass from your elbow at this stage.