The Mega **Management Company** thread

PWEI

faceman wrote: »

it was a tree in his garden that he had planted, would you do the same?

Err,No. Looking out your patio door and seeing a tree can be quite pleasant.
Looking out your patio door and seeing a big ugly satellite dish is not
Stupid comparison...

Snake Plisken

Ah I have a lovely 1.2mtr Dish on my back garden wall, Its been up there for about 7 years, now your man and his girly don't like it, they've stuck a tree up to block the view, but hey it was there when they bought it so if they didn't like it they should have bought elsewhere.
I have seen 1 meter dishes up the estate at the front of a house rented by eastern eurpoeans, would have thought the council would have made them take it down but they haven't.

faceman

PWEI wrote: »

Err,No. Looking out your patio door and seeing a tree can be quite pleasant.
Looking out your patio door and seeing a big ugly satellite dish is not
Stupid comparison...

You said the dish was blocking the light into your living room. That was the only practical reason you gave for complaining about the dish. Other than that you just called it a monstrosity.

so you wouldnt mind the light being blocked by a tree then?

muppet01

i am in dispute with my management company over fees and just recieved a letter from my bank stating that my property insurance has been cancelled.can they legally do this as it affects my mortgage contract? to me it is third party interference.........

BC

I wouldn't have thought so.
The whole point of block insurance is that its for the block not for an individual apartment. I don't understand how they can cancel it without cancelling it for the entire block?

is_that_so

The only way that might be possible is if the company has notified the insurance company but it would also depend on how they set that all up. They would also know who has an interest in your property - your mortgage provider, as this comes up every time someone moves in and would have your bank details.

Insurance cover for empty apartments is at the discretion of the insurance company itself so I guess apartments can be excluded.

Not the way to go about it imo. I would have thought a legal mortgage was a more effective way of doing it from their point of view. I would suggest sorting out the issue at hand and talking to them.

Paulw

If you haven't paid your management fees, then they are well within their right to remove you from the block insurance policy. It's actually not that uncommon, especially if people owe a lot of fees.

While the whole block is insured, every individual unit needs to be listed on the block insurance policy. They can remove/add single units since they need to be specified. This is also a requirement for your mortgage.

My advice - sort out the issues with your management company, and pay your fees.

How Strange

muppet01 wrote: »

i am in dispute with my management company over fees and just recieved a letter from my bank stating that my property insurance has been cancelled.can they legally do this as it affects my mortgage contract? to me it is third party interference.........

Yes they can because you are legally obliged to pay your fees which in turn pay the insurance premiums.
You are up the sh1t if this is the case so you'd better get it sorted.
I've seen owners with years of overdue fees demand to avail of block insurance when something goes wrong. I would also withold service until payment in full was received.

markpb

muppet01 wrote: »

i am in dispute with my management company over fees and just recieved a letter from my bank stating that my property insurance has been cancelled.can they legally do this as it affects my mortgage contract? to me it is third party interference.........

It's a case of the management company withdrawing their services (block insurance) because you failed to pay for those services in the same way, Eircom would cut your phone line if you didn't pay that bill. The only difference is withdrawal of block insurance has more serious repercussions.

antoinolachtnai

It's generally a little more technical than that. Your apartment is still insured. However, your interest and the bank's interest in the property is no longer noted on the policy. This doesn't cause a problem for you, but it causes a problem for your bank, because the loan is further securitized, and they are now in breach of their agreements with their upstream lenders.

They could foreclose on you and kick you out of the apartment because you are in breach of the mortgage.

Can the Man. Co. do this? They already have done this from what you say. If you feel they can't, the circuit court office is open Monday to Friday.

How Strange

antoinolachtnai wrote: »

It's generally a little more technical than that. Your apartment is still insured. However, your interest and the bank's interest in the property is no longer noted on the policy. This doesn't cause a problem for you, but it causes a problem for your bank, because the loan is further securitized, and they are now in breach of their agreements with their upstream lenders.

They could foreclose on you and kick you out of the apartment because you are in breach of the mortgage.

Can the Man. Co. do this? They already have done this from what you say. If you feel they can't, the circuit court office is open Monday to Friday.

Bottom line, the OP should pay his service charges and stop whingeing that services have been withdrawn due to non payment, sorry 'dispute'.
It technically can be done; it's excessive and drastic but can be done and the OP is in breach of his contract with the MC (as outlined in the lease that he signed on purchasing the property) so I doubt any judge will entertain his predicament.

Obviously if there is a fire and the OP's apt is gutted then it is insured but if the OP wants a letter of indemnity for his bank then the MC is quite within their rights to refuse until payment is received.

gerire

I bought in a small apartment complex, 22 apts in 2 * 11 apt blocks, 1.5 years ago; Now when we bought there was the 1st 6 months of the mgt fee pre paid to us;
We only got our bill for 1 June 07 to 31 May 08 in January (strange?)
The agents do very little around the place anything that has been done, painting etc, has only been as a result of me personally making complaints to the agent; We have a caretaker who does no where near the 10 hours a wek he is supposed to do and the common garden is in a bad state with loads of old rubbish under the shrubs;

I have a number of issues that I will be bringing up at the agm this week; however the issues start here, The Mgt Agent appears to be entrusted to sort out the AGM and as such has organized it at 6pm in City center which is not convenient to most owners; So I reckon they will not be able to answer most of the questions that I put to them;

To remove the agent do I need to organize an EGM of company members or just to petition the Directors to make the changes for the company;

I have a strange feeling that when they were built 1st (12 yrs ago) the agent would have organized a long term agreement with the company to keep them in for years, if this is so would the company have to be dissolved and re-started or maybe run as a residents association instead;

Also final question; In our breakdown of charges laid out by the agent they have charges for the inspection of fire alarms, there is no communal fire alarms between the apartments in either block; Is this illegal not to have some sort of fire alarm?

Thanks in advance

markpb

gerire wrote: »

To remove the agent do I need to organize an EGM of company members or just to petition the Directors to make the changes for the company;

AFAIK only the directors of the company can change the managing agent so try to get in contact with them first. If they're not being helpful, you could get the details of all the shareholders (as a shareholder/owner, I think you're entitled to ask for that) and call an EGM to elect a new board.

I have a strange feeling that when they were built 1st (12 yrs ago) the agent would have organized a long term agreement with the company to keep them in for years, if this is so would the company have to be dissolved and re-started or maybe run as a residents association instead;

It's not quite that simple, dissolving the company means that the common areas, (the walls of the building, lobbys, stairs, etc) wouldn't be owned by anyone anymore. Any new residents association wouldn't have any authority to insure them or to collect service fees from the owners. In any event, I'd be surprised if the directors would have problems terminating the agents contract although some minimum notice period would probably have to be given.

How Strange

gerire wrote: »

The agents do very little around the place anything that has been done, painting etc, has only been as a result of me personally making complaints to the agent; We have a caretaker who does no where near the 10 hours a wek he is supposed to do and the common garden is in a bad state with loads of old rubbish under the shrubs;

So attend the AGM and raise them with the directors of the management company. They employ the MA on behalf of the MC so voice your concerns.

The Mgt Agent appears to be entrusted to sort out the AGM and as such has organized it at 6pm in City center which is not convenient to most owners; So I reckon they will not be able to answer most of the questions that I put to them;

MA's usually organise the AGM on behalf of the MC. Are you sure it is not convenient to most owners or is it just not convenient to you?
Why won't the MA be able to answer most questions?

To remove the agent do I need to organize an EGM of company members or just to petition the Directors to make the changes for the company;

No, the MC employs the MA so only the appointed directors can remove the agent. You can put forward a motion at the AGM as a member of the MC but the motion would have to be put to the floor for a majority vote. The directors could decide that the motion should not be put to the floor. The formal processes of the MC - AGM's, EGM's etc are governed by company law so unless you are a director you don't have the power to call an EGM. You can request one by contacting one or more of the directors.

I have a strange feeling that when they were built 1st (12 yrs ago) the agent would have organized a long term agreement with the company to keep them in for years, if this is so would the company have to be dissolved and re-started or maybe run as a residents association instead;

Firstly, it is highly unlikely that the MA was able to negotiate a longterm contract for themselves. Secondly, the MA and the MC are two totally separate parties. No, YOU cannot dissolve an MC. The only way an MC can be dissolved is if maybe it went into liquidation or was struck off for noncompliance. That would have very serious implications for the ability to sell your property, insure it etc not to mention the value of your property would plummet so that is not a scenario you want to realise.

No you can't run a residence association instead because there is a legal obligation to have an MC.

The only reason why a bad MA is still there is probably inertia on the part of the MC. But are you sure they are as bad as you think? Maybe you've drawn these conclusions by yourself.
Why not channel that enthusiasm into becoming a director yourself. When they ask at the AGM about new directors why not put your name forward.

Also final question; In our breakdown of charges laid out by the agent they have charges for the inspection of fire alarms, there is no communal fire alarms between the apartments in either block; Is this illegal not to have some sort of fire alarm?

It depends on when the blocks were built as they must comply with the legislation in place at the time of construction. New legislation, for the most part, cannot be retrospectively applied to older buildings.

Are you sure there is no fire alarm in either block? This would be highly unusual.

OP, with regards to your information about the MC/MA I think your heart is in the right place but you have gotten all your facts skewed.

I know when I was an MA the people I dreaded the most were the ones who bought into an old block, expected 5* service in a 2* building and rang me everyday to tell me what a sh1t job I was doing because their apt block didn't look like the nice fancy shiney new ones down the road. I also dreaded the calls from the new owners who were certain from day 1 that I was the spawn of satan and was out to rip them off. I had many a cheery (not!) conversation with these types of owners.

gerire

Thank you for taking so much time to respond to my questions:

How Strange wrote: »

So attend the AGM and raise them with the directors of the management company. They employ the MA on behalf of the MC so voice your concerns.

I did attend the AGM, there was 5 of 22 owners there with no directors present;

MA's usually organise the AGM on behalf of the MC. Are you sure it is not convenient to most owners or is it just not convenient to you?
Why won't the MA be able to answer most questions?

There was one of the owners who was there with a mail from the Director to the MA saying that the time was inconvienient for most; Even those who did make it complained about the time;

The MA was also there with nobody there to answer any questions on the accounts.

Why not channel that enthusiasm into becoming a director yourself. When they ask at the AGM about new directors why not put your name forward.

Given this was the situation I suggested to those there to postpone the meeting, until obviously 3 weeks time, with it being held in my apt at a reasonable time;

No you can't run a residence association instead because there is a legal obligation to have an MC.

So would the MC have to agree to have a "residents body" run the affairs of the block? Also what are the implications with the current accounts and Debts/Bank balances etc; The reason I say debts/surpluses etc is because the accounts are so badly presented no one knows what is thre

The only reason why a bad MA is still there is probably inertia on the part of the MC. But are you sure they are as bad as you think? Maybe you've drawn these conclusions by yourself.

OP, with regards to your information about the MC/MA I think your heart is in the right place but you have gotten all your facts skewed.

I know when I was an MA the people I dreaded the most were the ones who bought into an old block, expected 5* service in a 2* building and rang me everyday to tell me what a sh1t job I was doing because their apt block didn't look like the nice fancy shiney new ones down the road.

I appreciate your thoughts here; I know my block is 12 years old and I like the fact that it is small and has a garden space unlike most new large developments, if it was just run correctly it would help the value of our properties during this period of unrest;

Any further thoughts you may have would be great

How Strange

gerire wrote: »

I did attend the AGM, there was 5 of 22 owners there with no directors present;

AFAIK, if there were no directors present then it most probably doesn't qualify as an AGM so another will have to be convened. From what I can remember, some but not all of the directors have to be present as one of the usual items on the agenda is 'resignation and appointment of directors'. They are entrusted with running the company on behalf of the members so the purpose of an AGM is that they report to the members on how the company fared during the year, presenting the financial report etc.

There was one of the owners who was there with a mail from the Director to the MA saying that the time was inconvienient for most; Even those who did make it complained about the time;

I presume you mean a director of the Management Company if so if none were present then it doesn't qualify as an AGM.

The MA was also there with nobody there to answer any questions on the accounts.

It's usual to have an auditor present but I don't think its is a legal requirement.

Given this was the situation I suggested to those there to postpone the meeting, until obviously 3 weeks time, with it being held in my apt at a reasonable time;

What was the response to that? I'd recommend a neutral venue for an AGM rather than an apartment. It just sets the tone for the meeting and ensures that it is as formal as it needs to be.

So would the MC have to agree to have a "residents body" run the affairs of the block? Also what are the implications with the current accounts and Debts/Bank balances etc; The reason I say debts/surpluses etc is because the accounts are so badly presented no one knows what is thre

Well, the MC should be actively involved in the running of the development so there should be no need for a residents body. A residents body cannot run the development i.e. financial, banking, filing returns etc. That is the legal responsibility of the MC. If you feel the directors of the MC are doing a bad job then raise it at the AGM and suggest that one or more of them resign and then nominate yourself and try to get other owners to put themselves forward. Remember they are members themselves and were appointed by members so their directorship is not set in stone.

Again, I'd suggest you nominate yourself to become a director and then try to sort out these issues from within the MC. Most MA's are bad/lazy or whatever because the MC is (in most cases) so its important to change the MC.

markpb

gerire wrote: »

I did attend the AGM, there was 5 of 22 owners there with no directors present;

I know that's very poor numerically but it's about right as a percentage. It's also a sign that most people don't care or don't have a problem. Unfortunately this is a problem you'll face in apartment blocks - unless things are really bad, most people won't show up.

Like How Strange says, it's a legal requirement for a Director to be present. Some MC's have voted in a change to the Memo of Arts which designates the MA as a member of the board to get around this problem. It might have happened in your place.

The MA was also there with nobody there to answer any questions on the accounts.

The MA looks after the block all the time so they're the best person to answer questions about the accounts. I'm a director in my estate and while I try to understand them as much as possible, it's the MA's job to do so.

So would the MC have to agree to have a "residents body" run the affairs of the block? Also what are the implications with the current accounts and Debts/Bank balances etc; The reason I say debts/surpluses etc is because the accounts are so badly presented no one knows what is there

In a block like yours where the developers have (presumably) stood down, the management company and a residents association are exactly the same thing - they're a group of owners tasked to look after the block during the year.

PIMPHO

Mellowes Quay, Ushers Quay Dublin 8
3 bed apartment
Just under 2k
Agents: http://www.solocheck.net/FreeIrishCompanyReport?companyNumber=431505&companyName=MELLOWES+QUAY+ESTATE+MANAGEMENT+COMPANY+LIMITED

The_Conductor

dade wrote: »

dont know if its listed here already

place: Holywell in Kinsealy/Swords
Unit: 2 bed apartment
€725 for everything
Agents: O Farrell Property Management.

Dade- I'd suggest that you check the accounts to ensure that sufficient funds are being set aside for the Management Company's sink fund- as €725 seems improbably low- its about enough for insurance, a very low level of maintenance, possibly a little landscaping- nothing else. Once the complex is a couple of years old and has to be repainted or the woodwork has to be redone- you'll really get whacked, if there isn't sufficient set aside in your sink fund to cover it.

Mailman

smccarrick wrote: »

Dade- I'd suggest that you check the accounts to ensure that sufficient funds are being set aside for the Management Company's sink fund- as €725 seems improbably low- its about enough for insurance, a very low level of maintenance, possibly a little landscaping- nothing else. Once the complex is a couple of years old and has to be repainted or the woodwork has to be redone- you'll really get whacked, if there isn't sufficient set aside in your sink fund to cover it.

725 is barely enough to pay the management agent, much less insurance and grounds maintenance. I'd say management agent is getting paid before everyone else so you really need to see the latest set of audited accounts.

candlehalo

could be listed here already
Cedarbrook
Dublin 10
2 bed duplex approx 94 sqm
€1300 pa
other units pay less, determined on size of apartment in developement

Miss Fluff

Wondering if anyone call tell me whether my flatmate have any rights re a property management company issue. Our landlord got a letter this morning to say from Monday all locks are being taken off the front door to the building and that we all have to use fobs in future. A fob is 45 quid and to me this is a BLATANT racket. I lose keys quite regularly and now I'm thinking what happens if my flatmate is on holidays and I lose mine on a Saturday for example??Do I have to wait until Monday until the property management company opens to get a new fob and pay for the privilege again? To say I am seriously p1ssed off is an understatement. Is there any way of objecting to this, or do we have a leg to stand on?

The_Conductor

No, in short, there is nothing you can do.
It probably is a security issue.
How many people are there like you out there cutting X number of copies of the keys the whole time?
Getting fobs is a measure to legitimately control access to the complex to those who are legitimately allowed to be there.
EUR45 is steep enough, yes, its a good reason for you to exercise even more caution and make sure you don't loose or break your fob (my speciality appears to be getting them caught and smashed in doors- I tend to leave the keys in the lock )

Normally a landlord will ask you to pay either the whole amount for the fob, or a significant amount of the cost, and refund you this when you leave, if you return the fob in good working order. Have a chat with your landlord, he/she should be amenable to this. It will save them having to order new fobs when they are replacing tenants at some point in the future.

DublinDilbert

Miss Fluff wrote: »

Wondering if anyone call tell me whether my flatmate have any rights re a property management company issue. Our landlord got a letter this morning to say from Monday all locks are being taken off the front door to the building and that we all have to use fobs in future. A fob is 45 quid and to me this is a BLATANT racket. I lose keys quite regularly and now I'm thinking what happens if my flatmate is on holidays and I lose mine on a Saturday for example??Do I have to wait until Monday until the property management company opens to get a new fob and pay for the privilege again? To say I am seriously p1ssed off is an understatement. Is there any way of objecting to this, or do we have a leg to stand on?

With all due respect, you've no idea how immature your post is... maybe learn to look after keys like a grown up?

The reason they are changing over to electronic fobs is due to people being able to copy keys. €45 is actually quite cheap.

Oh don't ever buy a car either cause the keys for them are even more expensive than €45 to replace, the key for my car is €150.

connundrum

smccarrick wrote: »

Normally a landlord will ask you to pay either the whole amount for the fob, or a significant amount of the cost, and refund you this when you leave, if you return the fob in good working order. Have a chat with your landlord, he/she should be amenable to this. It will save them having to order new fobs when they are replacing tenants at some point in the future.

IMO as this is a new thing brought in during you occupancy of the apartment, the landlord might be good enough to fork out for the initial two fobs. Should you lose your fob you'll have to buy another one, but when you leave you'll have to provide your landlord with two working fobs.

A number of tenants (i.e. two tenants in a two bed apt) may buy a 3rd fob just in case one is lost over a weekend etc.

It is strange that the management company wouldn't cover the cost of new fobs when a new system is being intoduced. As smccarrick suggested, the high cost per fob would encourage residents not to lose fobs - I've lost about 20 keys over the years but still have the fob from my first place for some reason

athtrasna

I'm with the others on this. You are complaining that the management company is trying to make your building a safer place

Maybe this will make you more responsible, who knows how many of your lost keys could have found their way into the wrong hands, making the block more dangerous not just for you but for other tenants too. My friend's apartment was broken into by someone who found a front door key to the block and then picked on the most secluded apartments.

If you don't like it then maybe you should move out.

Miss Fluff

DublinDilbert wrote: »

With all due respect, you've no idea how immature your post is... maybe learn to look after keys like a grown up?

The reason they are changing over to electronic fobs is due to people being able to copy keys. €45 is actually quite cheap.

Oh don't ever buy a car either cause the keys for them are even more expensive than €45 to replace, the key for my car is €150.

Thanks for invaluable input, I'll take it on board:rolleyes:

athtrasna

Miss Fluff wrote: »

Thanks for invaluable input, I'll take it on board:rolleyes:

DublinDilbert was just being honest...do you have any idea how childish your post sounds?

You're upset at the new security that is there to protect you. It's not a money-making racket.

Oh and you keep putting your own and others security at risk by losing keys?

And then you have a go at people for calling a spade a spade??

Paulw

The management agent don't have the right to change the locks unless they are directed to do so by the management company. Your landlord is a member of the management company.

Sounds like what they are doing is a very good idea, and safer than keys.

That price also sounds good. We charge €90 for fobs in our development. Since bringing them in, we had to replace very few since people take care of them.

My advice - pay the fee and protect the fob. If you don't pay, you don't get a fob. Simple as that.

Victor

For people losing keys or leaving them in doors - get a key chain or something you can hang around your neck.

connundrum wrote: »

IMO as this is a new thing brought in during you occupancy of the apartment, the landlord might be good enough to fork out for the initial two fobs. Should you lose your fob you'll have to buy another one, but when you leave you'll have to provide your landlord with two working fobs. A number of tenants (i.e. two tenants in a two bed apt) may buy a 3rd fob just in case one is lost over a weekend etc.

I think this is reasonable.

connundrum wrote: »

It is strange that the management company wouldn't cover the cost of new fobs when a new system is being intoduced.

That would merely add it to the service charge. :rolleyes: