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property services regulation act

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  • 31-05-2019 10:03pm
    #1
    ning sudnaen
    Registered Users Posts: 26 ✭


    I have been reading the 2011 property services regulation act. It would seem that said act has 10 billion rules, but very few if any cover the area of most concern. Apart from vague rules concerning professional competence and etthics there does not seem to be a rule saying that a property manager should do his job of up-keeping the communal areas of the properties he is managing.....If a property manager is found to be allowing the communal areas to go into disrepair who should he be reported to


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    #2
    godtabh
    Moderators, Science, Health & Environment Moderators Posts: 23,204 Mod ✭✭✭✭godtabh


    ning sudnaen wrote: »
    I have been reading the 2011 property services regulation act. It would seem that said act has 10 billion rules, but very few if any cover the area of most concern. Apart from vague rules concerning professional competence and etthics there does not seem to be a rule saying that a property manager should do his job of up-keeping the communal areas of the properties he is managing.....If a property manager is found to be allowing the communal areas to go into disrepair who should he be reported to

    This here funding available to carry out these tasks? What is the level of unpaid management fees


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    #3
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    ning sudnaen wrote: »
    If a property manager is found to be allowing the communal areas to go into disrepair who should he be reported to

    The OMC would be the obvious first stop. A property manager is generally appointed/paid for by the OMC.


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    #4
    VonZan
    Closed Accounts Posts: 320 ✭✭VonZan


    ning sudnaen wrote: »
    I have been reading the 2011 property services regulation act. It would seem that said act has 10 billion rules, but very few if any cover the area of most concern. Apart from vague rules concerning professional competence and etthics there does not seem to be a rule saying that a property manager should do his job of up-keeping the communal areas of the properties he is managing.....If a property manager is found to be allowing the communal areas to go into disrepair who should he be reported to

    A bit more information is required but the responsibility of communal areas should fall into the direct remit of the owner managed company, although in Ireland there are no penalities for non-compliance with the MUD Act and as such the transfer of ownership hasn't yet occured for most developments, at least in my experience.

    If you pay a yearly subscription or service charge then the people who are collecting the subscription should be your first point of contact. Usually in big developments, this function is outsourced to a property letting agent.


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    #5
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,278 Mod ✭✭✭✭The_Conductor


    ning sudnaen wrote: »
    I have been reading the 2011 property services regulation act. It would seem that said act has 10 billion rules, but very few if any cover the area of most concern. Apart from vague rules concerning professional competence and etthics there does not seem to be a rule saying that a property manager should do his job of up-keeping the communal areas of the properties he is managing.....If a property manager is found to be allowing the communal areas to go into disrepair who should he be reported to

    A property manager is employed by an Owners Management Company (OMC)- and given a list of duties by the OMC to perform/fulfill.

    All owners are members of the OMC- and can approach the OMC with any concerns they have (and indeed, any owner can stand for a position on the OMC at an AGM- and participate fully in the activities of the OMC).

    The Property Services Regulatory Act has very little to do with the day-to-day running of developments- it is legislation which governs some of the behaviour specific to those in the sector (such as estate agents, auctioneers, marts etc etc).

    If you have an issue with the property manager who has been employed to look after your development- your first port of call is the owners management company (if you are an owner) and if you're not an owner- your first port of call is your landlord.

    If/when Management Companies become disillusioned with the activities or lack thereof, of their management agents- the ultimate sanction is they drop them and employ a new management agent- it happens every day of the week.

    Note- directors of an owners management company (which you are as a member in good standing entitled to put yourself up for)- are subject to the full rigors of the Companies Act- and the OMC itself is governed by Company law- which specifies among other things a legal obligation to hold timerly AGMs, submit accounts and trade in a responsible (not reckless) manner.

    It would seem to me, in the absence of further information, that your issue is with your OMC.

    Note- very often when people start moaning about common areas not being taken care of properly etc- there is a very simple answer to why this is happening- it tends to be because people are not paying their Management Fees. It is impossible for any company or entity to perform normal duties- when they don't have the money to do so. A few people witholding their management fees- can have a totally disproportionate impact on everyone else (because some items- such as block insurance- will be paid before anything else is paid- which may leave the kitty bare when it comes to funds for the upkeep of the place).

    If you're chasing the management agent on this- its very possible you've got the wrong offendor in your sights- your neighbours who aren't paying their fees could very well be the cause of your dissatisfaction- rather than the inaction of the management agent.


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    #6
    ning sudnaen
    Registered Users Posts: 26 ✭ning sudnaen


    ning sudnaen wrote: »
    I do understand that the omc would be an initial portal. However, up to a few years ago a director of the OMC was also acting as the property manager. He did not have a psra licence and it seems the penalty for this is up to five years in prison...so I reported him to the psra who decided to let him off.
    The director still runs the property management but has now gone into partnership with a psra licence holder. The directors of the OMC by way of shell companies own 50 (25%) of the apartments in the complex. I suspect said apartments are getting the repairs done to the communal areas around them ie roofs/lofts


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    #7
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    This all sounds remarkably familiar.

    Would it be safe to assume you have not appointed a solicitor to address the multiple issues you're having with this development, the OMC and the property manager?


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