Management Company Installed Gates

12-12-2019 9:08am

elperello wrote: »

Sounds like they are referring to estates there which do have public areas.
Apartment complexes don't and the public have no business entering them.

Worth clarifying.
If they refused PP based on that an appeal to ABP could be worthwhile.

Also says it will prohibit “new” gated communities, they may refuse planning, but if planning is not required on existing developments for gates up to 2m, hard to see how they could prevent a gate being put up unless the planning on that complex specifically prohibited it. Strange how Dublin City Council state on their website planning for gates is not needed, Fingal says it prohibits it in new developments.

Wanderer78 · 12-12-2019 9:10am

Aoife_Byrne wrote:

Hi, can anyone advise re thisplease:My management company has erected gates around my apartment complex without any agreement from any residents. These gates will be locked with access given by ringing a number on a mobile phone to only people who are not in arrears hense blocking people from entering their own property. Can they do this? Is there anyone I can contact regarding this?

Can it be unlocked by another resident that isn't in arrears?

MartDublin · 12-12-2019 9:21am

Dav010 wrote: »

Likewise, when I was on the board of Directors, we were more than happy to facilitate staged payments.

The op is taking flack here for not paying the sub, there is a difference between can’t and won’t. If the op is paying in instalments with the agreement of course he MC, there really should not be any criticism directed at the op.

Having said that, it is difficult to imagine a scenario where entrance to your property is prevented in totality by he new gates, I’m not a legal eagle but there would surely be legal consequences for the MC if they did that. I suspect op that you may not have all the facts relating to the new system, the info you have given does not seem complete.

As I said earlier, the gates didn’t arrive overnight, the decision would be long in the making, you said yourself it was as mentioned a number of times at AGMs. I suspect your entry will be limited to pedestrian gates until some arrangement can be made. The fact that the new system isn’t yet in function suggests they have given owners a period to pay subs before access through the new gates is restricted. Talk to them and pay, if you can.

I see another post above about planning, if the gates are less than 2m in height, which most are, no planning is necessary.

The OP is trying to pay now they can't get into the development. So I'd say the gates are doing their job.

Marcusm · 12-12-2019 11:37am

Dav010 wrote: »

Which council area does that? I’ve checked loads of planning sites, coco sites etc, all say that gates can be placed up to 2m in height without need to apply for planning. Dublin tends to be among the most stringent, they allow gates up to 2m

https://www.housing.gov.ie/sites/default/files/migrated-files/en/Publications/DevelopmentandHousing/Planning/FileDownLoad%2C1586%2Cen.pdf

Permitted or exempted development does not apply to multi unit developments.

andekwarhola · 12-12-2019 12:54pm

Wanderer78 wrote: »

Can it be unlocked by another resident that isn't in arrears?

The usual mugs that like 'sticking it' to the management company then go looking for people to blame when the development ends up insolvent or unable to get insurance due to lack of funding.

Wanderer78 · 12-12-2019 12:56pm

andekwarhola wrote: »

The usual mugs that like 'sticking it' to the management company then go looking for people to blame when the development ends up insolvent or unable to get insurance due to lack of funding.

so it probably can be unlocked by another resident, if needs be, if so, proceed with this method, while pursuing the legality of it, because that probably will be a lengthy battle

andekwarhola · 12-12-2019 1:01pm

Wanderer78 wrote: »

so it probably can be unlocked by another resident, if needs be, if so, proceed with this method, while pursuing the legality of it, because that probably will be a lengthy battle

while other people make sacrifices to keep financially supporting your use of street lighting, waste disposal, block insurance, repairs and ensuring that the development doesn't collapse into insolvency.

But keep Fighting The Power while other mugs pay your way.

Wanderer78 · 12-12-2019 1:04pm

andekwarhola wrote: »

while other people make sacrifices to keep financially supporting your use of street lighting, waste disposal, block insurance, repairs and ensuring that the development doesn't collapse into insolvency.

But keep Fighting The Power while other mugs pay your way.

yea, anyhow...

andekwarhola · 12-12-2019 1:07pm

Wanderer78 wrote: »

yea, anyhow...

Did you flounce off to your room after you wrote that?

Wanderer78 · 12-12-2019 1:09pm

andekwarhola wrote: »

Did you flounce off to your room after you wrote that?

na, but i did manage to throw loads of toys around the place, very satisfying i must say

AlanG · 12-12-2019 1:10pm

Aoife_Byrne wrote: »

I will be blocked from my apartment

If they are blocking you from accessing your home then they are absolutely breaking the law and your constitutional right to enjoy your property.

Arrears or no arrears are irrelevant. The management company are playing a very dangerous game and a likely to end up paying out a substantial settlement if they stand their ground.

Just like a landlord cant just change the locks when someone is arrears the management company cannot deny you access to your home. Talk of arrears is a completely different matter and they have legal paths they can go down to recover them.

c montgomery · 12-12-2019 1:14pm

Wanderer78 wrote: »

so it probably can be unlocked by another resident, if needs be, if so, proceed with this method, while pursuing the legality of it, because that probably will be a lengthy battle

There won't be a legal battle.
We do this exact thing in our development and debtors are not long paying. We also don't power wash or paint their units if in arrears.
Pedestrian gate is opened with a code, access granted to all residents even if in arrears.
People have threatened legal action, sought advice and come back tail between legs looking for payment plan.

Wanderer78 · 12-12-2019 1:16pm

c montgomery wrote: »

There won't be a legal battle.
We do this exact thing in our development and debtors are not long paying. We also don't power wash or paint their units if in arrears.
People have threatened legal action, sought advice and come back tail between legs looking for payment plan.

so it probably could be unlocked by others

c montgomery · 12-12-2019 1:17pm

AlanG wrote: »

If they are blocking you from accessing your home then they are absolutely breaking the law and your constitutional right to enjoy your property.

Arrears or no arrears are irrelevant. The management company are playing a very dangerous game and a likely to end up paying out a substantial settlement if they stand their ground.

Just like a landlord cant just change the locks when someone is arrears the management company cannot deny you access to your home. Talk of arrears is a completely different matter and they have legal paths they can go down to recover them.

I believe there is a pedestrian gate available for use so access is available to property

c montgomery · 12-12-2019 1:18pm

Wanderer78 wrote: »

so it probably could be unlocked by others

Main gate or pedistian gate?

Main gate only opens by calling a phone number, only recognised numbers will open the gate.

Pedestrian gate code changed annually so people who left development can't access indefinitely

Wanderer78 · 12-12-2019 1:19pm

c montgomery wrote: »

Main gate or pedistian gate?

i get you now, they have access via another gate

TheChizler · 12-12-2019 2:01pm

Wanderer78 wrote: »

i get you now, they have access via another gate

Aoife_Byrne wrote: »

I have a job, and other things to do, I'm not able 24/7.

I will not be able to access car park, bins or 2 pedestrian entrances (which is all there is) these are the only ways to access my apartment

There is no alternative access according to the OP, all access is blocked.

Graham · 12-12-2019 2:14pm

I think the OP had said that's what they expected, not what had happened.

Kingp35 · 12-12-2019 2:26pm

Graham wrote: »

I think the OP had said that's what they expected, not what had happened.

Exactly. The OP has no idea if the pedestrian access will be blocked or not.

brucky · 12-12-2019 3:17pm

I did this years ago when we couldn't get apartment owners to pay outstanding management fees. The BOM would only give access to those that were reasonably up-to-date. We had each fob attributed to individual apartments. Some owners owed thousands. I took the phone calls from the "outraged" property owners. I got every excuse in the book, up to, and including cancer. You live in a community when you purchased you were fully aware that this included contributing to management fees for the running and maintenance of the complex. The fact that you "fell behind" is not everyone else's problem. You are the epitome of a snowflake.

When I did this we got over €40k in arrears, this enabled the BOM to maintain the block and grounds and undertake essential repairs to the benefit of all residents. I took great pleasure in taking phone calls from owners and telling them to pay up. They were "outraged & offended" at what we had done. I told them in no uncertain terms to stuck it up and pay! Can I suggest to you that you would benefit immensely from military service as you need to mentally adjust to the realities of life, and the reasonable expectation of those around you!

Darc19 · 12-12-2019 4:10pm

I hope the OP never buys a regular house.

They'll have to pay buildings insurance, public liability insurance, cut the grass, pay local waste company, get people and pay them if the gutters fall down or if the outside needs painting etc etc.

Management fees are not some contribution to a black hole, it's for services and improvements to the property the op resides in and gets the benefits from - services that cost money.

Aoife_Byrne · 12-12-2019 7:23pm

brucky wrote: »

I did this years ago when we couldn't get apartment owners to pay outstanding management fees. The BOM would only give access to those that were reasonably up-to-date. We had each fob attributed to individual apartments. Some owners owed thousands. I took the phone calls from the "outraged" property owners. I got every excuse in the book, up to, and including cancer. You live in a community when you purchased you were fully aware that this included contributing to management fees for the running and maintenance of the complex. The fact that you "fell behind" is not everyone else's problem. You are the epitome of a snowflake.

When I did this we got over €40k in arrears, this enabled the BOM to maintain the block and grounds and undertake essential repairs to the benefit of all residents. I took great pleasure in taking phone calls from owners and telling them to pay up. They were "outraged & offended" at what we had done. I told them in no uncertain terms to stuck it up and pay! Can I suggest to you that you would benefit immensely from military service as you need to mentally adjust to the realities of life, and the reasonable expectation of those around you!

You are the epitome of a dickhead!

Aoife_Byrne · 12-12-2019 7:30pm

Darc19 wrote: »

I think the op is not giving the right information.

I'll lay anything that only car park access is closed off to her and she is well able to access via a pedestrian gate.

Basically, the op has not paid the management fees, therefore should not get the benefits of the common areas except to access her door.

Access by foot is as much as necessary.

Op seems to want all the benefits of apartment living without paying for them including public liability insurance, general upkeep, lighting of common areas etc.

Some would call people like this a sponger

Fair play to management company for getting tougher on non payers - all omc's should do similar

Some would call people like u a dickhead!!
If u read previous posts u would know what's going on.

Aoife_Byrne · 12-12-2019 7:32pm

Wanderer78 wrote: »

so it probably could be unlocked by others

It can be unlocked for me by other residents

Addle · 12-12-2019 7:41pm

Aoife_Byrne wrote: »

It can be unlocked for me by other residents

You’ll find your neighbours who pay will get sick of letting you in pretty quickly.

I’ve reported your last posts for personal abuse.

Darc19 · 12-12-2019 7:56pm

By the responses of the op they are either a troll or someone who simply is not interested in listening to anything that does not agree with her.

Aoife_Byrne · 12-12-2019 8:02pm

Addle wrote: »

You’ll find your neighbours who pay will get sick of letting you in pretty quickly.

I’ve reported your last posts for personal abuse.

Not really some of my neighbours are family and friends.... Good on ya ðŸ‘

Mrs OBumble · 12-12-2019 8:07pm

Aoife_Byrne wrote: »

Not really some of my neighbours are family and friends.... Good on ya ðŸ‘

Do your fee-paying friends know that they are subsidising your insurance , bins and maintenance? You may find that their attitude towards you changes when they find out about your fee-status.

Aoife_Byrne · 12-12-2019 8:12pm

Mrs OBumble wrote: »

Do your fee-paying friends know that they are subsidising your insurance , bins and maintenance? You may find that their attitude towards you changes when they find out about your fee-status.

Yes they do thanks

Telly · 12-12-2019 8:23pm

Aoife_Byrne wrote: »

Yes they do thanks

Pay your bills Aoife!!

Aoife_Byrne · 12-12-2019 8:27pm

Telly wrote: »

Pay your bills Aoife!!

I do pay my bills.. But thanks for the advice

SteM · 12-12-2019 8:32pm

So there is no pedestrian access to this development now? Every time someone wants to enter or leave, even if it's to walk to the shops for a pint of milk they have to open and walk through the vehicle gates? Doesn't sound very well thought out.

Graham · 12-12-2019 8:35pm

Mod Note

Closed for mod review.

Management Company Installed Gates

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