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Yet another management company question

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  • 26-04-2011 2:06pm
    #1
    ronald reagan
    Registered Users Posts: 74 ✭✭


    hi all,
    Didnt want to post this in the megathread as i read thta to be exclusively for apartments.

    we havent got a bill from management company yet this year the guys who cut the lawns havent shown up (as a result of not being paid id imagine).
    8 out of 16 light bulbs in the development are out.
    some line painting and numbering work for parking is still not done.

    basically im not sure who to turn to.

    address for management co is same registered address as developer.

    we have never had an agm despite being here 5 years.
    having talked to 3 of my neighbours it seems they havent been able to get in touch with management company either.

    im not sure what the next step should be.

    any advice appreciated

    rr
    Tagged:


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    #2
    Faolchu
    Registered Users Posts: 1,740 ✭✭✭Faolchu


    ronald reagan wrote: »
    address for management co is same registered address as developer.
    That shouldnt matter, do you know the names of the directors of the management company? write to them directly via registered post. if you dont know their names you can get the information from the CRO do a search for the company name and download the latest B10 that should give the names of the directors and secretary and thier address, this address is most likely the address of the company but may be different. while your at it if you dont have a copy of teh Memo & Arts download that too, this outlines the "rules" that the company operates under for want of a better way of putting it.
    ronald reagan wrote: »
    we have never had an agm despite being here 5 years..
    Raise this with the directors and also file a complaint with the ODCE, to my knowledge it's a breach of company law not to hold an AGM, under MUD an AGM MUST be held every 12 months. also have they filed any annual returns? have you recieved copies of the accounts every year for the last 5 years? if not then ask them why not.
    ronald reagan wrote: »
    having talked to 3 of my neighbours it seems they havent been able to get in touch with management company either..
    again write to the directors about this

    your first port of call with issues is always the agent, if you get no satisfaction then its the directors of the company. in your case you cant contact the agent so go directly to the directors. write to them via registerd post, outline in a porfessional manner what your concerns are, i''d suggest looking into the Multi Unit Devolopment Bill that was enacted a few weeks ago, this clearly places obligations on the management company with respect to general meetings, accounting etc. highlight some of the relevant obligations under this law to the directors and ask them to respond to your concerns.

    if they are clever they wont ignore you. if they do then consult your memo & arts, it should outkline teh process for calling an EGM, Extraordinary General Meeting. maybe work with some neighbours and have one of them called. basically a bunch of you get together as a group and petition the company to call one, once you meet the criteria laid out under company law and the memo & arts the comapny can not refuse to call one. if you have followed the correct process and they still refuse to call an EGM then report their asses again to the ODCE


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    #3
    ronald reagan
    Registered Users Posts: 74 ✭✭ronald reagan


    thanks for the detailed response faolchu, ill have to pullout the mortgage file when i go home and have a look for any contact info


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    #4
    Faolchu
    Registered Users Posts: 1,740 ✭✭✭Faolchu


    your mortgage documents or purchase contract wont have any details of the MC/directors. you should have recieved a copy of the lease/fee farm grant, this might have it. you may also have been given a copy of the Memo & Arts, this at the very least will have the names of the first 7 subscribers and the initial directors are most probably one of those. if you MC has filed any financial returns then the name of the directors are definitly on those documents, the registered address may also be there. but the quickest and easiest option is to download the latest B10 from teh CRO. it costs something like €2.50 and its a short doc, but it gives teh name and addresses of the directors. those directors may have given the CRO a different address than the company registered address which is usually a lawyer, accountant or the management agent itself.


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