Apartment Management issues

dc2014 · 06-07-2020 10:42pm #1

Hi All

Looking for some help on what to do. Thanks for your time

So, AGM coming up soon but they developer has 500 votes as he has apartments rented and office space and they rest of the development. Owners have 93 votes, but they change the rules this year, every other year once you're in a payment plan you can vote. Can you become a director if you're in a payment plan? A lot of house rule are changing and other issues going on. An ex director is an employee of the management company now as caretaker.

How can we change anything when we will be out voted they whole time?

pinkypinky · 06-07-2020 10:46pm

You need to read the Memos and Articles of incorporation for the management company. There may be specific rules.

Normally, rules about voting can only be changed at an AGM, not in advance. Was there an EGM?

Again, usually, people in arrears are not eligible to vote but if you're making payments, then it would be unreasonable to deny that.

dc2014 · 06-07-2020 11:09pm

Thanks
no there was no AGM and last year it was once you were in a payment plan.
Memos and Articles of incorporation for the management company was on they agent doc section a few years ago but nothing there now. and i have no copy of it

IRtax · 07-07-2020 12:29am

dc2014 wrote: »

Thanks
no there was no AGM and last year it was once you were in a payment plan.
Memos and Articles of incorporation for the management company was on they agent doc section a few years ago but nothing there now. and i have no copy of it

Memos and articles of associations are gone generally now there should be a constitution for companies available on cro website. CLGs / property management company has rules that apply to them I cannt find the link / document but they apply and govern the running of the property management company

dc2014 · 07-07-2020 3:54am

Another question

director also provides cleaning services and some other task and receive salary was an contact with management agent but now is employee of the omc any issues with this thanks. is there any issues with the management agent letting this happen

pinkypinky · 07-07-2020 9:10am

IRtax wrote: »

Memos and articles of associations are gone generally now there should be a constitution for companies available on cro website. CLGs / property management company has rules that apply to them I cannt find the link / document but they apply and govern the running of the property management company

But if the company set up when they existed, they will have them. My OMC has changed to a CLG but we are still governed by Memos & Arts.

It's not 100% clear that there's a (management) agent running this OMC or not. Some OMCs do employ people but a contractor is usually a better setup because then they shoulder the costs of PRSI/USC and employee issues themselves.

JimmyVik · 07-07-2020 11:05am

My brother owns an apartment where the management company employed several members of their family and paid them outrageous amounts for the work done. Like painting, landscaping, cutting grass. example. A guy got paid €10k for cutting about a half an acre of grass 6 times in a year.
At the AGM my brother got on the management committee. After that he proceeded to expose what the existing directors were doing. They tried to fight him but eventually they left and good management replaced them. It turned out that the directors at the start were all related to each other.
What my brother did in the first place was put a letter in each letterbox explaining the situation and asking people to turn up at the AGM where he stated his case and got installed on the committee.

dc2014 · 07-07-2020 2:39pm

Thanks for your help. Yes it's a management agent running they OMC. They problem with an AGM is that we have about 60 apartments and developer has around 300 votes through retail and apartments.

JimmyVik · 07-07-2020 2:50pm

dc2014 wrote: »

Thanks for your help. Yes it's a management agent running they OMC. They problem with an AGM is that we have about 60 apartments and developer has around 300 votes through retail and apartments.

That sounds dodgy alright

dc2014 · 07-07-2020 10:17pm

we have set up a resident committee, but not sure what we can do as we will always be out voted? any ideas thanks

Baby01032012 · 07-07-2020 10:23pm

It’s a very unusual set up. Under the MUD act an agm needs to be held. Every unit is entitled to one vote so if the developer use their vote they can veto any vote you put forward. We don’t have sight of your memo and arts, it’s best seek Independent legal advice.

dc2014 · 07-07-2020 10:33pm

there is an AGM every year but as the develop has apartments rented and retail unit rented and going to build remaining unit so he has alot of votes.

pinkypinky · 07-07-2020 10:35pm

You really need to get independent advice here.

Try the Apartment Owners Network?

Liamo57 · 07-07-2020 10:57pm

I had a management company. Each owner has one vote. The developer is keeping ye all in the dark because he is keeping as much of the annual service charge for himself. You are entitled to an itemised list of all expenditure.

Liamo57 · 07-07-2020 10:59pm

Each owner is a shareholder and entitled to one vote, thats how it works. Hecouldnt have the amount of votes you say .You are dealing with a cute bstrard

dc2014 · 07-07-2020 11:06pm

this is different from the audited account? What account information can we be giving thanks

dc2014 · 07-07-2020 11:07pm

COMPANY NAME are replacing the original subscribers

Why did COMPANY NAME have 300 votes instead of the 30 votes for each of the original subsribers

Liamo57 · 07-07-2020 11:15pm

You are entitled to know how much the block insurance is, the public liability insur., cost of refuse, grass cutting and public area maintenance, the public lighting cost etc. etc. You are entitled to a break down of your annual service charge.

Liamo57 · 07-07-2020 11:16pm

It might be a case that all of the owners are paying his yearly costs. When dealing with property you are dealing with the most rotten shower of tunts you will ever come across.

dc2014 · 07-07-2020 11:17pm

we get annual budget but then they say x amount on repair we are getting no information on what repairs, we have figures for the budget but no invoice as we are not director and can not see that side of they accounts

Mrs OBumble · 08-07-2020 3:25pm

Liamo57 wrote: »

Each owner is a shareholder and entitled to one vote, thats how it works. Hecouldnt have the amount of votes you say .You are dealing with a cute bstrard

Each property gets one vote, not each owner.

In a large development with many apartments, a developer can easily own the majority. Especially in developments where there are retails units too.

Similar happens when councils etc buy over 50% of properties in a development: effectively they control it.

Baby01032012 · 08-07-2020 3:55pm

dc2014 wrote: »

we get annual budget but then they say x amount on repair we are getting no information on what repairs, we have figures for the budget but no invoice as we are not director and can not see that side of they accounts

Yes but as a member you’re provided with a full set of accounts, the level of expense breakdown varies, but you should be able to see the headline expenses and if their was an over or under spend for the previous year. Was there a net income or deficit on the profit and loss account?

You should have some assurance from the accounts.

ning sudnaen · 13-07-2020 8:47am

problems normally lie at the feet of ODCE and/or other regulators. Ireland has very good legislation to stop corruption but when corruption is found and reported to the ODCE they do nothing

Apartment Management issues

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