The Mega **Management Company** thread

seahorse

My sister was very annoyed today to get back to her car and find a big 'Residents Parking Only' sign slapped on it. She was parked in the main artery into a large private estate. There's only one way in and out of the estate as far as I know, if that makes any difference.

The thing is, she goes to a college local to that estate and the parking in the college is abysmal, ten or twelve places for the entire school! Anyway, the residents have seemingly decided that nobody but residents of this estate have any business parking outside their houses, because there is a white 'Residents Parking Only' sign erected at the road into the estate, and now this business with the sticker.

The thing is, there is no pay-parking there but nor are there any yellow lines. She was not blocking anyone’s driveway. The houses there apparently have very large driveways, easily big enough to accommodate two cars, so I can’t imagine what their problem is. Maybe they feel their estate ought to be exempt from the traffic congestion in Dublin??? That's what it looks like to me. Pricks...

Anyway, my sister has only just started college and she doesn’t need this kind of headache in the morning. As far as I am aware she was legally parked and is entitled to park anywhere on that road as long as she's not blocking anyone’s driveway. Basically what I'm asking is: does the absence of yellow lines mean any motorist can park on a road? And if so, what's the story with their 'Residents Parking Only' sign? Would they have erected that themselves or does it hold any weight in law? In other words (and this is her biggest fear, cause she’s a skint student) – is there any fear of her coming out of college to find the dreaded big yellow thing affixed to her wheel?

I'd appreciate anyone setting the record straight for me asap so I can tell her what the story is in time for tomorrow morning.

Thanks in advance.

Supercell

seahorse wrote: »

My sister was very annoyed today to get back to her car and find a big 'Residents Parking Only' sign slapped on it.

Anyway, my sister has only just started college and she doesn’t need this kind of headache in the morning. In other words (and this is her biggest fear, cause she’s a skint student) – is there any fear of her coming out of college to find the dreaded big yellow thing affixed to her wheel?

Skint student that has her own car?
Why can't she use public transport or cycle?

seahorse

Supercell wrote: »

Skint student that WHO has her own car?

Yes.

Supercell wrote: »

Why can't she use public transport or cycle?

Why should she? - she drives.

I don’t see how your comments are related to the questions I asked; all they do is make apparent the fact that you are pissed off some young people manage to budget well and afford to drive a small car. You must be awful hard-up if that's getting you down. God love you.

Victor

Its essentially down to "Is this a public road in the charge of the council?"

Yes? She can park there (has to follow the normal rules).

No? She may be tresspassing.

seahorse

Victor wrote: »

Its essentially down to "Is this a public road in the charge of the council?"

Yes? She can park there (has to follow the normal rules).

No? She may be tresspassing.

Thanks Victor. The thing is, you turn onto that road from one of the main arteries out of the city, so I'd imagine it has to be a public road; but I may be wrong there.

I suppose the council would be able to tell her for certain. Have you any idea what department?

Victor

Transport Department / Roads and Streets or whatever that particular council calls the department.

seahorse

Victor wrote: »

Transport Department / Roads and Streets or whatever that particular council calls the department.

Ok, I'll get her to give them a call, thanks.

Guy:Incognito

While shes probably legally allowed park there, theres nothing more annoying than people clogging up houseing estates they dont live in with their cars.

seahorse

Stekelly wrote: »

While shes probably legally allowed park there, theres nothing more annoying than people clogging up houseing estates they dont live in with their cars.

Personally I feel there's nothing more annoying than paying your road tax only to find people staking a claim to the public land outside the borders of their own property.

Ste.phen

Stekelly wrote: »

While shes probably legally allowed park there, theres nothing more annoying than people clogging up houseing estates they dont live in with their cars.

Except people complaining about same

stovelid

The management company may even have a clamping company on call, so she should avoid parking there until she finds out if it's a public thoroughfare. To be honest, I don't see why anybody would object if actually is a public road and access is not being blocked.

How much parking space exists in the estate is irrelevant. As mentioned already, if it's private property, that's that.

seahorse

I advised her to call into the local garda station this morning since it was too late yesterday evening to call the council offices. She called to the station and was told that it was a public road and she was free to park anywhere along it, given she was not blocking anyone's driveway.

I wonder what's up with people like that thinking they can just affix stickers to peoples cars??? I've a good mind to park my own car there for a couple of days just to piss them off. Buncha fukin nuts...

stovelid

The residents are probably browned off if the lack of parking in the college is leading to lots of extra cars parked near their houses. For example, if there are loads of cars outside your house, it's harder for motorists to see if kids are going to run out or whatever.

That said, a public road is a public road though, I guess.

My friend is in IADT and there is a similar problem in nearby estates, because a lot more students have cars these days.

Moonbeam

If it is a private road and they are paying management fees and it doesn't come under the remit of the council then I would have sympathy for the residents,if it is a public road and under the remit of the council then I would say she has every right to park there.

John Mason

the guards wont know if it was private or public road but to be honest, as some one who regularly has randomers parking across my driveway, i dont blame them

seahorse

stovelid wrote: »

The residents are probably browned off if the lack of parking in the college is leading to lots of extra cars parked near their houses. For example, if there are loads of cars outside your house, it's harder for motorists to see if kids are going to run out or whatever.

That said, a public road is a public road though, I guess.

My friend is in IADT and there is a similar problem in nearby estates, because a lot more students have cars these days.

Yes I see what you're saying Stovelid, I am just pissed off at the idea of a group of people trying to exempt themselves from the traffic congestion the rest of us accept we all have to suffer.

I live two doors up from a set of traffic lights on a very busy main road and you'd want to see the hassle I have pulling out of my own drive every morning. Most mornings the lights can change up to three times before I can finally get out - it doesn't give me the right to go painting a yellow grid to suit myself on the road outside my driveway; and you know, even if I did something as ridiculous as that, it'd still be more reasonable than what those people are doing because I'm the one with blocked access to my driveway, they're not.

jaycen

Personally I wouldn't park in someone elses estate (just me), I'd be more afraid of someone damaging the car than the annoying stickers.
Had similar thing happening in our estate a few years back, some of the residents looked after the problem themselves, pinned cars in for days etc, it's a private estate, the guards wouldn't do anything.

mikedragon32

All residents in my development received letters today about Sky dishes threatening to levy a fine on residents who don't remove their dishes with immediate effect. It appears that the letters were sent to everyone, dishes or not.

There is a standard clause in the agreement about no dishes etc and I understand that they can take the dishes down and assess the cost of the removal to the resident/owner, however fining the resident/owner on top of this?

Is this legal? Has anyone else experienced this?

does the clause say they will fine you? or just "take action" it's a toughie, they're probably within their rights? god I hate property management companies!

Sky sent me a letter recently saying that they now have a block offer going on where if a good few people from a development contact them, they will put a proposal to your managment company so that one dish can be put up and residents can then access that, don't know how it works but sounds like a plan, NTL is pants....

Ste.phen

Surely invoicing you for the (presumably not cheap) labour / material cost of removing the dish and cables, etc, will have pretty much the same effect as a fine.

bobbysands81

I'm not sure if they can just levy a fine without having some basis for it.

However, you say there is a standard clause that dishes are not allowed in your estate. The Management Co have a legal obligation to ALL unit owners in your estate and legally must try to ensure that everyone complies with the rules that they have all signed up to when they purchased their unit thus they should be doing everything in their power to ensure that these dishes are removed. Therefore each unit owner should be charged for the cost of removing the satellite dishes.

I would imagine that legally a Management Co would be well entitled to charge any unit owner that blatantly breaks a contract that they have. After all the unit owner is in breach of contract and could easily end up in court.

It is right that people who have the dishes up should pay for the cost of their removal. As someone who does not own a dish why should I be forced to pay for others who purposely break the rules?

bobbysands81

Igy wrote: »

Surely invoicing you for the (presumably not cheap) labour / material cost of removing the dish and cables, etc, will have pretty much the same effect as a fine.

Yup, I think that is the way it is usually done.

mikedragon32

The fine is seperate from any costs incurred in removing dishes, which they also pass on to the resident.

I'd fully expect to be charged for the removal, why should anyone else have to pay for the removal of a dish, but a fine on top of that is stretching it.

bobbysands81

mikedragon32 wrote: »

The fine is seperate from any costs incurred in removing dishes, which they also pass on to the resident.

I'd fully expect to be charged for the removal, why should anyone else have to pay for the removal of a dish, but a fine on top of that is stretching it.

Personally I think people who knowingly break the rules should have to pay a fine as well but I'd imagine it would be hard for the Management Co to legally make the fine stick.

faceman

Unless it is explicity stated in your lease agreement/contract for your apt, then they are not entitled to fine you. Any letters to that affect can be considered harrassment

mikedragon32

bobbysands81 wrote: »

Personally I think people who knowingly break the rules should have to pay a fine as well but I'd imagine it would be hard for the Management Co to legally make the fine stick.

Yes, we should take our medicine, IF they come and cut down the dishes, but at the time the development was built, there was NO other option as there was no decent signal with an aerial, even NTL didn't arrive for about 6 months, and even then the best you could get was the most basic MMDS service, which required a huge antenna on the chimney (also against the terms of the lease) but there is a community system in place now. In my row of houses (8) only one doesn't have a dish, probably because it's rented.

A discussion of MMDS versus Sky+ isn't appropriate for here, but having had both, I would be VERY reluctant to change.

I guess we'll all have to bite the bullet and go to NTL, but given that in my (almost) 4.5 years in my house, this is the first time I have ever received any communication from the Mgt Co about it. It all seems very heavy handed though.

Just to be on the safe side WRT any possible fine or costs levied, I'll be cancelling my DD in the morning. The agents have been very imaginative in how and when they have taken money out in the past.

antoinolachtnai

Well, the European Commission is of the view that you are entitled to have a satellite dish as a matter of European law. There is no Court ruling on this, though there is a ruling pointing in a similar direction. It's a matter of the right to trade freely and the right to cultural impression.

Here are some relevant links.

http://www.askaboutmoney.com/showthread.php?p=666096

Then, some relevant 'communication' from the Commission, fairly comprehensive stuff

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2001:0351:FIN:EN:PDF

And finally some responses to petitions

http://www.europarl.europa.eu/meetdocs/2004_2009/documents/cm/601/601591/601591en.pdf

http://www.europarl.europa.eu/meetdocs/2004_2009/documents/cm/617/617113/617113en.pdf

finally, a discussion on the general situation in germany (where the general right to watch television from abroad via satellite appears to be well established). Rights and urban planning can co-exist, they say.

http://www.toytowngermany.com/lofi/index.php/t872.html

slightly relevant ecj ruling:

http://merlin.obs.coe.int/iris/2002/1/article5.en.html

Ste.phen

Didn't we have this out before and it was decided that you had to have access to satellite signals?
(as completely distinct from the right to bolt a satellite dish to a wall you don't own?)

Moonbeam

Get rid of the management company?
They are being bullies and unless it is the wish of the residents then it should not happen.

Ste.phen

Management Agent can be replaced, management company cannot (though the directors can).
If the first the OP has heard about the issue is the letter they received, it's unlikely they're involved with the running of the complex, so probably missed when the decision was taken to enforce the rules.