Director of Management Company stalling sales

Work with the other owners to have him removed?

Look up a solicitor who is experienced with dealing with management companies, there are options to Call an EGM and vote for a new board, assuming it is a registered company you can make a complaint to the director of corporate enforcement as he is not keeping up his responsibility as a director. But best leave it to a legal person.

Have you tried contacting him personally and ask the question why he is holding up the sale of the house, or as a third person to do it e.g. estate agent. You would wonder is he doing it on purpose to devalue the property to buy it himself

He is more likely to be looking for a backhander.

I am sorry to hear of your troubles. Unfortunately you may well need a different solicitor. This management company and this guy has no right to interfere with your sale. It is going to take an aggressive stance on your solicitor’s part to get him to back down.

ODCE complaint is really the only course of action.

Give him notice that you will be making an official complaint that he his frustrating the rights of members and this is a valid complaint under company legislation to initiate investigation by ODCE.

Let him know that details of the complaint to the ODCE will be circulated to all other owners and you will be requesting an EGM to remove him from the board of directors.

Only aggressive communication like this, ideally from a solicitor, will get action

ODCE will do nothing in a situation like this. It would need to be some very serious fraud or theft for either ODCE or gardai to get involved.

Does this individual live on site as a matter of interest?

I think the only way you are going to get any joy here realistically is to become a director of the management company yourself.

There seems to still be some confusion over the distinction between Management Company and Managing Agent.

Op, the Company is made up of unit owners, you are a member by virtue of owning a unit in a multi unit development, this man, if he sold his property/no longer owns one, he is no longer a member of the management company and should have resigned from the Board. If he is the Managing Agent, he is employed by the Company. He/she is usually a local EA/property management company and can be replaced at the AGM.

I’m afraid this thread is pretty typical of the queries/complaints we received when I was on the Board of a OMC. Owners who didn’t attend AGMs, don’t know what was discussed and what was voted on.

Op, the next AGM, go, stand up and say you are not happy with the Board, managing agent, costs etc. You may find there are like minded owners who will support you, and volunteer to be on the Board.

Have been through the same thing and now I am a director of the OMc.

The EGM route is the only way to effectively get rid of the director. But you need to be sure of having a majority behind you. Very difficult to engineer. But do get an EGM called to record these grievances and call the vote. Look at the articles of association for the company as to how votes are counted. If he is not a property owner and he cannot vote, he also cannot vote any proxies he has as he ahs no right to attend the meeting. (I could be wrong in this, not a lawyer).

Also, write to the Property Services Regulatory authority.

Check their register first, to ensure the director is not already registered and if not, report him for offering management services without a licence.

https://www.citizensinformation.ie/en/housing/owning_a_home/buying_a_home/the_property_services_regulatory_authority.html

That should give him pause for thought.

I think you need to meet him head on at this point and begin to push back. Is there scope in the Articles of Association to call an EGM and then have him removed that way?

If your solicitor is not familiar with how these entities are set up you might ask if they can recommend someone who is or to identify the original solicitors who set it all up. You might also be able to take a run at the accountant as some of the personalised expenditure they have sanctioned seems pretty dubious.

I'd also consider the court route starting with a solicitor's letter in the matter. Ask your solicitor about possible moves here.

Finally, I would suggest you contact the ODCE about his behaviour as a director. Even if they can't or won't do anything they may be able to point you in a suitable direction.

Again, legally he cannot be a director if he's not an owner. Sort that out first, problem solved.