Boards.ie uses cookies. By continuing to browse this site you are agreeing to our use of cookies. Click here to find out more x
Thread Closed  
 
 
Thread Tools Search this Thread
11-01-2019, 08:23   #16
Lu Tze
Registered User
 
Lu Tze's Avatar
 
Join Date: Dec 2008
Posts: 3,285
I'm amazed that anybody managed to graduate from college before the internet existed, let alone WiFi.
Lu Tze is online now  
Advertisement
11-01-2019, 17:00   #17
beaufoy
Registered User
 
Join Date: Dec 2014
Posts: 181
Quote:
Originally Posted by Dav010 View Post
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
beaufoy is offline  
11-01-2019, 17:45   #18
Caranica
Registered User
 
Caranica's Avatar
 
Join Date: Oct 2017
Posts: 1,535
OP you really need to talk to a solicitor. You appear to have constant problems with this apartment.
Caranica is offline  
11-01-2019, 18:29   #19
Edgware
Registered User
 
Join Date: Jun 2009
Posts: 1,867
Quote:
Originally Posted by beaufoy View Post
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.
Edgware is offline  
13-01-2019, 06:09   #20
beaufoy
Registered User
 
Join Date: Dec 2014
Posts: 181
Quote:
Originally Posted by Edgware View Post
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
beaufoy is offline  
Advertisement
13-01-2019, 10:35   #21
Caranica
Registered User
 
Caranica's Avatar
 
Join Date: Oct 2017
Posts: 1,535
Quote:
Originally Posted by beaufoy View Post
please elaborate
You are legally and contractually obliged to pay these fees. Many agents won't help non paying owners.
Caranica is offline  
13-01-2019, 15:30   #22
beaufoy
Registered User
 
Join Date: Dec 2014
Posts: 181
Quote:
Originally Posted by Caranica View Post
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
beaufoy is offline  
13-01-2019, 15:47   #23
Caranica
Registered User
 
Caranica's Avatar
 
Join Date: Oct 2017
Posts: 1,535
Quote:
Originally Posted by beaufoy View Post
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.
Caranica is offline  
13-01-2019, 16:01   #24
Dav010
Registered User
 
Dav010's Avatar
 
Join Date: Nov 2018
Posts: 683
Quote:
Originally Posted by beaufoy View Post
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.

Last edited by Dav010; 13-01-2019 at 16:04.
Dav010 is offline  
Advertisement
13-01-2019, 19:44   #25
beaufoy
Registered User
 
Join Date: Dec 2014
Posts: 181
Quote:
Originally Posted by Caranica View Post
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"
beaufoy is offline  
13-01-2019, 19:47   #26
beaufoy
Registered User
 
Join Date: Dec 2014
Posts: 181
Quote:
Originally Posted by Dav010 View Post
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
beaufoy is offline  
13-01-2019, 19:48   #27
beaufoy
Registered User
 
Join Date: Dec 2014
Posts: 181
Quote:
Originally Posted by beaufoy View Post
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
beaufoy is offline  
13-01-2019, 19:59   #28
Dav010
Registered User
 
Dav010's Avatar
 
Join Date: Nov 2018
Posts: 683
Quote:
Originally Posted by beaufoy View Post
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
Dav010 is offline  
13-01-2019, 20:03   #29
L1011
Moderator
 
L1011's Avatar
Quote:
Originally Posted by beaufoy View Post
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.
L1011 is online now  
Thanks from:
13-01-2019, 21:17   #30
beaufoy
Registered User
 
Join Date: Dec 2014
Posts: 181
Quote:
Originally Posted by Dav010 View Post
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/2...nacted/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
beaufoy is offline  
Thread Closed

Thread Tools Search this Thread
Search this Thread:

Advanced Search