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Issues With OMC / Student Apartment

  • 10-01-2019 8:53pm
    #1
    Registered Users Posts: 322 ✭✭


    I own an apartment on the top floor in a block the ceiling has become stained and water is coming through from the loft to the bathroom via the bathroom extractor fan. Initially the OMC claimed my fan was not strong enough and hence was taking steam up but it became water when it left my bathroom and came back in via leaks on the loft side of the ceiling and returned to the bathroom as water via the fan it had just traveled up. I had the fan tested and it was ok. Now the OMC say it is not the fan but an act of god caused by a cold loft area, and they will not repair said fault or the staining to my ceiling. I have ceased payments to the OMC ...what else can I do


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Comments

  • Registered Users Posts: 322 ✭✭beaufoy


    Please inform me how long would it usually take to refurbish a Wi-fi system in a 200 apartment (blocks of 4) student village. I believe if students rent an apartment in a student village on the understanding it has WIFI, and the WI-Fi fails to work properly causing interference to student studies thus causing the student to fail. Then the student would have a case for compensation, but who should the student sue the OMC, the LL,or the WI-FI instaler


  • Registered Users Posts: 13,863 ✭✭✭✭Dav010


    If you are paying for a service and it isn’t provided, then you may be entitled to a refund of the fee you paid for that service. But suing because you failed your exams might be a stretch. I’d be interested in your solicitor’s response.


  • Registered Users Posts: 1,357 ✭✭✭LessOutragePlz


    beaufoy wrote: »
    I believe if students rent an apartment in a student village on the understanding it has WIFI, and the WI-Fi fails to work properly causing interference to student studies thus causing the student to fail. Then the student would have a case for compensation, but who should the student sue the OMC, the LL,or the WI-FI instaler

    Would the students not have plenty of other internet access points on campus? Thus giving them ample opportunities to study and acquire the relevant study materials that they require. Therefore, I'd be highly doubtful as to whether they would be entitled to any compensation at all.


  • Registered Users Posts: 322 ✭✭beaufoy


    So if I offered accommodation in a secure up market apartment block. Which also had a swimming pool gym lift and gardens, and the fees ran as follows
    pool/gym 100 pcm
    gardens 50 euro
    security 50 euro


    Then I failed to maintain the cctv and cut down the security guards, and said cuts caused a break in and injury to my tenant trying to defend his property


    Then according to you he should only receive a 50 euro refund


  • Closed Accounts Posts: 4,121 ✭✭✭amcalester


    beaufoy wrote: »
    So if I offered accommodation in a secure up market apartment block. Which also had a swimming pool gym lift and gardens, and the fees ran as follows
    pool/gym 100 pcm
    gardens 50 euro
    security 50 euro


    Then I failed to maintain the cctv and cut down the security guards, and said cuts caused a break in and injury to my person trying to defend my property


    Then according to you I should only receive a 50 euro refund

    Can you show negligence on the part of the landlord and was it reasonably foreseeable that by upgrading the WiFi students would fail their exams?

    And, what did you do to minimize your losses? Sure as hell didn’t study.


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  • Registered Users Posts: 322 ✭✭beaufoy


    Would the students not have plenty of other internet access points on campus? Thus giving them ample opportunities to study and acquire the relevant study materials that they require. Therefore, I'd be highly doubtful as to whether they would be entitled to any compensation at all.


    The apartment is 1 km off campus and the walk is not safe at night, of course ladies could get hurt because they have to walk to/from college because there is no WI-FI in the apartment they rented because their web site said it had a good wi-fi system


  • Registered Users Posts: 13,863 ✭✭✭✭Dav010


    beaufoy wrote: »
    So if I offered accommodation in a secure up market apartment block. Which also had a swimming pool gym lift and gardens, and the fees ran as follows
    pool/gym 100 pcm
    gardens 50 euro
    security 50 euro


    Then I failed to maintain the cctv and cut down the security guards, and said cuts caused a break in and injury to my person trying to defend my property


    Then according to you I should only receive a 50 euro refund

    WiFi provides for faster internet access in your home, I’m not sure you could claim is caused you to fail your exams, particularly if it is available on campus.

    Assault and WiFi aren’t really comparable, are they?


  • Registered Users Posts: 9,606 ✭✭✭gctest50


    beaufoy wrote: »
    Please inform me how long would it usually take to refurbish a Wi-fi system in a 200 apartment (blocks of 4) student village. I believe if students rent an apartment in a student village on the understanding it has WIFI, and the WI-Fi fails to work properly causing interference to student studies thus causing the student to fail. Then the student would have a case for compensation, but who should the student sue the OMC, the LL,or the WI-FI instaler

    They should just have sense and install data sockets beside the leccy sockets in the rooms instead


    Break socket ? you pay for it


  • Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    Mod Note

    Threads merged.


  • Registered Users Posts: 322 ✭✭beaufoy


    Dav010 wrote: »
    WiFi provides for faster internet access in your home, I’m not sure you could claim is caused you to fail your exams, particularly if it is available on campus.

    Assault and WiFi aren’t really comparable, are they?


    I suspect to a high study student loss of WI FI is probably more important than security, pool, gardens ect ect


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  • Closed Accounts Posts: 4,121 ✭✭✭amcalester


    beaufoy wrote: »
    I suspect to a high study student loss of WI FI is probably more important than security, pool, gardens ect ect

    But more important than all those is actually getting the books out and studying.


  • Registered Users Posts: 13,863 ✭✭✭✭Dav010


    beaufoy wrote: »
    I suspect to a high study student loss of WI FI is probably more important than security, pool, gardens ect ect

    If a high study student means one that is studying a course which requires a lot of intelligence, I’m confident that student would be able to arrange to access WiFi on and off campus.

    As a matter of interest, are you the student, the parent or the landlord?


  • Registered Users Posts: 322 ✭✭beaufoy


    Dav010 wrote: »
    WiFi provides for faster internet access in your home, I’m not sure you could claim is caused you to fail your exams, particularly if it is available on campus.

    Assault and WiFi aren’t really comparable, are they?


    You of course are correct: If someone fails an examination because they were deprived of promised studying facilities. Then it is more likely to have a long term effect on said person than a basic assault would


  • Registered Users Posts: 13,863 ✭✭✭✭Dav010


    beaufoy wrote: »
    You of course are correct: If someone fails an examination because they were deprived of promised studying facilities. Then it is more likely to have a long term effect on said person than a basic assault would

    If the apartment promised a biro and one wasn’t provided, could you claim you failed your exams because you had nothing to write with? Or being a third level student would you source another biro?

    If the WiFi was bad over an extended period, surely you would go somewhere where there is good WiFi to download/research? Did all students living there fail exams because of poor WiFi?


  • Registered Users Posts: 3,495 ✭✭✭Lu Tze


    I'm amazed that anybody managed to graduate from college before the internet existed, let alone WiFi.


  • Registered Users Posts: 322 ✭✭beaufoy


    Dav010 wrote: »
    If the apartment promised a biro and one wasn’t provided, could you claim you failed your exams because you had nothing to write with? Or being a third level student would you source another biro?

    If the WiFi was bad over an extended period, surely you would go somewhere where there is good WiFi to download/research? Did all students living there fail exams because of poor WiFi?


    I can see you are trying to make a point but you are trying too hard. Perhaps you would like to elaborate on "go somewhere" do you mean leave the apartment (go to library) to get something you were promised at said apartment, or do you mean find another apartment with better WI-FI


  • Registered Users Posts: 9,991 ✭✭✭Caranica


    OP you really need to talk to a solicitor. You appear to have constant problems with this apartment.


  • Registered Users Posts: 5,875 ✭✭✭Edgware


    beaufoy wrote: »
    I own an apartment on the top floor in a block the ceiling has become stained and water is coming through from the loft to the bathroom via the bathroom extractor fan. Initially the OMC claimed my fan was not strong enough and hence was taking steam up but it became water when it left my bathroom and came back in via leaks on the loft side of the ceiling and returned to the bathroom as water via the fan it had just traveled up. I had the fan tested and it was ok. Now the OMC say it is not the fan but an act of god caused by a cold loft area, and they will not repair said fault or the staining to my ceiling. I have ceased payments to the OMC ...what else can I do

    I can guarantee you will not benefit by refusing to pay the management fee of a company of which you are a shareholder.


  • Registered Users Posts: 322 ✭✭beaufoy


    Edgware wrote: »
    I can guarantee you will not benefit by refusing to pay the management fee of a company of which you are a shareholder.


    please elaborate


  • Registered Users Posts: 9,991 ✭✭✭Caranica


    beaufoy wrote: »
    please elaborate

    You are legally and contractually obliged to pay these fees. Many agents won't help non paying owners.


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  • Registered Users Posts: 322 ✭✭beaufoy


    Caranica wrote: »
    You are legally and contractually obliged to pay these fees. Many agents won't help non paying owners.


    The OMC are legally oblidged to spend money they collect for maintenance on maintenance
    The OMC directors should declare all other business interests on their reports
    The OMC should not become directors of shell companies, and if they fail to follow said rule they should not use OMC premises to run (register) their shell companies
    The OMC directors should retire on rotation even if they have arranged for themselves not to be challenged
    The OMC directors should call AGM's every year and inform all members of the AGM date and location
    Unless there is a 75% vote to change location then the AGM should be cose to the OMC office not the directors house
    The OMC should keep a accurate register of owners and release said register on request
    The OMC directors should not get involved in letting the properties without getting registered at the PSRA.
    The OMC should on request release traceable accurate accounts, not received .....euro spent...euro type accounts


  • Registered Users Posts: 9,991 ✭✭✭Caranica


    beaufoy wrote: »
    The OMC are legally oblidged to spend money they collect for maintenance on maintenance
    The OMC directors should declare all other business interests on their reports
    The OMC should not become directors of shell companies, and if they fail to follow said rule they should not use OMC premises to run (register) their shell companies
    The OMC directors should retire on rotation even if they have arranged for themselves not to be challenged
    The OMC directors should call AGM's every year and inform all members of the AGM date and location
    Unless there is a 75% vote to change location then the AGM should be cose to the OMC office not the directors house
    The OMC should keep a accurate register of owners and release said register on request
    The OMC directors should not get involved in letting the properties without getting registered at the PSRA.
    The OMC should on request release traceable accurate accounts, not received .....euro spent...euro type accounts

    Sounds like you should become a director. Nobody will protect your interests better than you will.

    BTW, in keeping with company law and the MUD Bill, a lot of what you've said in that post is wrong. As I said before, speak to your solicitor, go through the rights and responsibilities.


  • Registered Users Posts: 13,863 ✭✭✭✭Dav010


    beaufoy wrote: »
    The OMC are legally oblidged to spend money they collect for maintenance on maintenance
    The OMC directors should declare all other business interests on their reports
    The OMC should not become directors of shell companies, and if they fail to follow said rule they should not use OMC premises to run (register) their shell companies
    The OMC directors should retire on rotation even if they have arranged for themselves not to be challenged
    The OMC directors should call AGM's every year and inform all members of the AGM date and location
    Unless there is a 75% vote to change location then the AGM should be cose to the OMC office not the directors house
    The OMC should keep a accurate register of owners and release said register on request
    The OMC directors should not get involved in letting the properties without getting registered at the PSRA.
    The OMC should on request release traceable accurate accounts, not received .....euro spent...euro type accounts

    Is this list of items rules you personally think should apply or do they legally apply?

    I was on the board of directors of our OMC for 6 years, under no circumstances would I or any other director reveal our business interests beyond ownership of the property in the development.

    Under GDPR, I’m not sure you have a right to know the details of any other owner.

    Each property owner, including you is a member of the OMC, you have a right to attend the AGM and to question/vote on any decision made, I’m not sure you have a right to dictate where the AGM is held, a location which may suit one member may not suit another. Often the location is decided apon based on numbers likely to attend, cost and availability.

    It would be highly unusual for each member not to receive accounts for the previous year at the AGM.

    Directors are unit owners and unpaid, in my experience the vast majority do not want the hassle of being on the Board, it’s a pain in the ass. If you want to be on the Board, get two members to nominate and second you at the next AGM, it then goes to a democratic vote.

    I’ve no idea what you mean about shell companies, you might give more info as to the relevance of that.

    In regard to spending, this can often be a case of priorities.


  • Registered Users Posts: 322 ✭✭beaufoy


    Caranica wrote: »
    Sounds like you should become a director. Nobody will protect your interests better than you will.

    BTW, in keeping with company law and the MUD Bill, a lot of what you've said in that post is wrong. As I said before, speak to your solicitor, go through the rights and responsibilities.


    I suggest you read the ODCE handbook and the 2014 companies act...after which you can send me an apology for implying I was wrong


    The AGM is open only to people who will allow the the present directors to stay in office. If a complaint is made that invitations were not received, the answer comes "sorry I forgot" If a report is made to the ODCE about the directors always forgetting to invite me...then the ODCE say "well maybe they did forget"


  • Registered Users Posts: 322 ✭✭beaufoy


    Dav010 wrote: »
    Is this list of items rules you personally think should apply or do they legally apply?

    I was on the board of directors of our OMC for 6 years, under no circumstances would I or any other director reveal our business interests beyond ownership of the property in the development.

    Under GDPR, I’m not sure you have a right to know the details of any other owner.

    Each property owner, including you is a member of the OMC, you have a right to attend the AGM and to question/vote on any decision made, I’m not sure you have a right to dictate where the AGM is held, a location which may suit one member may not suit another. Often the location is decided apon based on numbers likely to attend, cost and availability.

    It would be highly unusual for each member not to receive accounts for the previous year at the AGM.

    Directors are unit owners and unpaid, in my experience the vast majority do not want the hassle of being on the Board, it’s a pain in the ass. If you want to be on the Board, get two members to nominate and second you at the next AGM, it then goes to a democratic vote.

    I’ve no idea what you mean about shell companies, you might give more info as to the relevance of that.

    In regard to spending, this can often be a case of priorities.


    I suggest you read the 2014 companies act, and then send me an apology for writing the above


  • Registered Users Posts: 322 ✭✭beaufoy


    beaufoy wrote: »
    I suggest you read the 2014 companies act, and then send me an apology for writing the above


    I will go one better I will put money on me being correct and you being wrong


  • Registered Users Posts: 13,863 ✭✭✭✭Dav010


    beaufoy wrote: »
    I suggest you read the 2014 companies act, and then send me an apology for writing the above

    I would have thought it would be the 2011 MUD Act that would apply to OMCs of multi-unit developments.

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


  • Moderators, Business & Finance Moderators, Motoring & Transport Moderators, Society & Culture Moderators Posts: 67,056 Mod ✭✭✭✭L1011


    beaufoy wrote: »
    I will go one better I will put money on me being correct and you being wrong

    Take this to PM.

    If your repeated issues with this development are all valid, you need to find a suitably qualified solicitor rather than asking here.


  • Registered Users Posts: 322 ✭✭beaufoy


    Dav010 wrote: »
    I would have thought it would be the 2011 MUD Act that would apply to OMCs of multi-unit developments.

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


    I have made references to company law/2014 companies act more than the basics of MUD. Therefore it is quite straight forward you believe I am talking/writing rubbish and I believe you are so let us put our money where our mouth is


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  • Registered Users Posts: 322 ✭✭beaufoy


    L1011 wrote: »
    Take this to PM.

    If your repeated issues with this development are all valid, you need to find a suitably qualified solicitor rather than asking here.


    Trouble is all Solicitors do is make a bad situation worse and charge a lot of money for said service. Yes I do have evidence of Solicitors making a mess of things, and I have put said evidence on this site, but it got censored


This discussion has been closed.
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