Management Company Refuse to give Parking Discs

footfall789 · 26-07-2018 12:49pm #1

Hi

I own an Apartment in an Apartment Complex since 2009 and the OMC/Board of Directors brought in Clamping in 2013 to ensure people play their service Charges and was voted on the Agm in 2012.

Only withholding of Parking Discs for non payment of Services Charges had been voted in at the AGM . I am currently up to Date with my Service Charge Payments .

In January of each year all Owners receive Parking Discs for that year . Unfortunately this year I did not receive any Parking Discs. I contacted the Management Company a number of times by e-mail requesting to be issued parking Discs for 2018 but all my e-mails have been ignored .I have spoken to the REP of the Mgt Company asking him to explain why I did not receive my parking Discs . The rep told me that he did not have to tell me . I then asked him who instructed him to do so and He said it was the Board of Directors. I have tried to find out what the issue is as to why I am not getting my Parking Discs but I have come up against a brick wall.

I am basically excluded from my Apartment as I cannot park there and I live away from the Apartment . I am also trying to sell my Apartment but cannot as the Selling Agent cannot show prospective buyers as I have no Parking Discs .

I would like to ask the question ,can the Board of Directors / OMC make the decision to withhold my parking discs without telling me what the problem is and refuse to deal with me .

I get the feeling that they are not allowed withhold my Parking Discs for what ever reason as they have no problem in mentioning that people who do not pay their service charges will not get Parking Discs.

Any suggestions on how i can force the BOD/OMC to tell me what the issue is in order to resolve it or get my parking discs.

Regards,

Claw Hammer · 26-07-2018 12:55pm

Do a Data Access request on the Management Company. It should have records of all decisions concerning you, minuted.

godtabh · 26-07-2018 2:06pm

You dont live there?

Maybe the want them for residents only?

Fol20 · 26-07-2018 2:13pm

If your trying to sell it , outline to your solicitor that fees are all up to date and get your solicitor to contact them on your behalf for clarification

listermint · 26-07-2018 2:15pm

have you tried contacting the Board?

After all, they represent you as an owner.

K.Flyer · 26-07-2018 4:59pm

I find it odd that they have refused to issue you with parking discs and engage with you for no good reason.
Has there been some previous or recent conflict / disagreement between you and them ?

happyfriday74 · 26-07-2018 5:06pm

Never heard of parking disks being withheld for any other reason then outstanding service charge.

footfall789 · 26-07-2018 5:20pm

Regarding , previous issues , none that I can remember. But even if there was , they should say

Dear sir , we will not be issuing you with Parking Discs until you do x and y and z ......

I could work with this but they are not saying anything .

Basically the Management Company Rep said 'I dont have to tell you anything '.

Cushie Butterfield · 26-07-2018 5:22pm

Is the apartment occupied?

K.Flyer · 26-07-2018 5:42pm

footfall789 wrote: »

Regarding , previous issues , none that I can remember. But even if there was , they should say

Dear sir , we will not be issuing you with Parking Discs until you do x and y and z ......

I could work with this but they are not saying anything .

Basically the Management Company Rep said 'I dont have to tell you anything '.

If it was me, and everything was definitely in order, I'd send a Registered Letter demanding a response within 5 working days outlining the reasons why they have not been issued.
Failing that, a solicitor's letter might get them to reply quicker.

Baby01032012 · 26-07-2018 6:13pm

I don’t understand your comment that you can’t access your apartment to show prospective buyers because you have no parking disc.

K.Flyer · 26-07-2018 7:06pm

Baby01032012 wrote: »

I don’t understand your comment that you can’t access your apartment to show prospective buyers because you have no parking disc.

Some developments issue resident and visitor parking discs and the clampers in some of these areas are like vultures.
If there is a very high chance of being clampled with no disc displayed then I can understand.

notharrypotter · 26-07-2018 7:14pm

Cushie Butterfield wrote: »

Is the apartment occupied?

If the apartment is currently occupied then does the tennant have the valid permit?

April 73 · 26-07-2018 7:29pm

notharrypotter wrote: »

If the apartment is currently occupied then does the tennant have the valid permit?

This. Are there tenants in the apartment who have been given the parking permit? There may only be one or two per apartment? I don’t understand why they won’t tell you though - as an owner you should be entitled to know why.

vintagecosmos · 26-07-2018 9:17pm

Is there more to the story. Doesn't add up at all.

footfall789 · 26-07-2018 9:24pm

Apartment is not occupied . In the Complex Owners receive parking discs and give them to the tenants if they are renting .

Regarding selling the Property, Estate Agent drives to the Complex and prospective buyers arrive by car as well. Parking Discs needed for their Cars otherwise they may be clamped , so no estate agent is willing to take a chance and park at a property where there is a good chance of them being clamped.

Birdsong · 26-07-2018 9:30pm

In my complex , we have discs also. However there is no clamping between 10 -5pm due to people having plumbers, builders etc calling. Might be worth asking is there a similar arrangement in place for your estate agent

Baby01032012 · 26-07-2018 10:27pm

footfall789 wrote: »

Apartment is not occupied . In the Complex Owners receive parking discs and give them to the tenants if they are renting .

Regarding selling the Property, Estate Agent drives to the Complex and prospective buyers arrive by car as well. Parking Discs needed for their Cars otherwise they may be clamped , so no estate agent is willing to take a chance and park at a property where there is a good chance of them being clamped.

Can agent/ Buyers not park outside. 10 prospective buyers show up your not going to have 10 parking discs.

Doesn’t add up.

OldMrBrennan83 · 26-07-2018 10:31pm

This post has been deleted.

April 73 · 26-07-2018 11:27pm

Are there no visitor spaces in the complex that could be used by the Estate Agent or viewers?

Cash_Q · 26-07-2018 11:38pm

Surely the agent and prospective buyers can pay for on street parking outside the apartment complex? If your estate agent is so stuck for cash that they can't do that, offer to reimburse him/her if they provide parking tickets/receipts. It is surely part of their contract with you that they view the apartment, they can't use this excuse forever.

Aside from that, I would issue a solicitors letter demanding an explanation, further stating that failing to provide an explanation leaves you with no option but to seek partial refund of management fees, as management are failing in one of their core duties, which is to provide parking permits as per <xyz> in your contract.

vintagecosmos · 27-07-2018 8:03am

footfall789 wrote: »

Apartment is not occupied . In the Complex Owners receive parking discs and give them to the tenants if they are renting .

Regarding selling the Property, Estate Agent drives to the Complex and prospective buyers arrive by car as well. Parking Discs needed for their Cars otherwise they may be clamped , so no estate agent is willing to take a chance and park at a property where there is a good chance of them being clamped.

Is this you talking or an estate agent? Plenty of properties don't have parking. So it's not an issue. Seems to be a generalisation on your part.

davo10 · 27-07-2018 8:25am

This doesn't seem plausible, the refusal suggests there is an issue as far as the MC are concerned. Also, very strange for all EAs to refuse to deal with you. If you phoned them, I'm not surprised the wouldn't discuss it over the phone, you need to visit their office.

Was yearly fee to be paid by a certain date and discs given out on that date? In one development I own a property the date is last working day of March, some owners think it's ok to pay in September.

Cushie Butterfield · 27-07-2018 8:37am

Is the sale a voluntary one, or are there any ongoing or pending legal issues involving a spouse, financial institution, creditor(s) or other interested parties?

ArthurG · 27-07-2018 8:44am

footfall789 wrote: »

Basically the Management Company Rep said 'I dont have to tell you anything '.

I don't think that's true. Thanks to the wonders of GDPR, any data controller holding information relating to you (as would appear to be the case here) is obliged to share that information within a predefined time period (I recall 40 days) of receiving your 'Subject Access Request'. They are allowed to charge for this (I think it's about €7).

Having said that, i'd agree with the other posters, something isn't adding up here, and before you go all regulatory on their asses, you might want to really check if something is outstanding from a fee perspective.

pinkypinky · 27-07-2018 8:46am

There's plenty of apartment blocks with zero convenient visitor parking (thinking of Sandyford where a friend lives - he has no car and no space with his rental, visitors have to park almost a km away to find a space). It must be awkward to arrange viewings for a place like that.

But there's definitely something not adding up here. If you're up to date on fees, this should be a no-brainer. Make direct contact with the directors and cut out the agent.

OldMrBrennan83 · 27-07-2018 8:59am

This post has been deleted.

godtabh · 27-07-2018 9:45am

April 73 wrote: »

Are there no visitor spaces in the complex that could be used by the Estate Agent or viewers?

What about open viewings?

Is there visitor parking like a text system or something?

vintagecosmos · 27-07-2018 10:12am

Is the OP in violation of any house rules i.e. airBNB letting, not contributing to fire safety fund, unruly tenants etc etc.

footfall789 · 27-07-2018 12:20pm

Tried solicitors letter , asking to return parking discs or give reason as to why, no reply.

As mentioned , if they could give a reason i could work with it but none has been forth coming .

Cash_Q · 27-07-2018 12:33pm

footfall789 wrote:

Tried solicitors letter , asking to return parking discs or give reason as to why, no reply.

Your solicitor's letter should have included an ultimatum that the solicitor would then act on if the letter was ignored.

Management Company Refuse to give Parking Discs

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