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The Wood A.G.M.

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  • 07-10-2007 4:04pm
    #1
    Closed Accounts Posts: 124 ✭✭


    Anybody know when this will happen ?.By law they have to give 3 weeks notice and must have it by 31st of Dec. Anyone get notice ?Its usually well over by now.At this rate and going by todays date they cant hold it now until after Nov Bank holiday.Is there something going on???:confused:Whats all this about we having to pay €3500 and €2500 on a one way system that was published in the Wicklow Times.Thats €6000 of the management companies money on what and why? Who has decided this who is allowing this why havent all the members of the company ie us been informed. Any help from any quarter to clarify this welcome.


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Comments

  • Closed Accounts Posts: 12 Sky Captain


    The relates to the Court and not Wood. Hope that helps.


  • Closed Accounts Posts: 124 ✭✭woodser


    Well Sky captain it states the Wood in the wicklow times and on the recent overall management company newsletter .
    If they want to change the traffic system let them pay for it out of the sinking fund in their company otherwise let the residents of the wood decide what they want done with their money and how and where.
    W.C.C. have a cheek to demand and engineering report when they
    a)havent taken the estate in charge therefore the road belongs to the management co.and
    b)they obviously messed up when planning approval was granted and didnt spot the problem.
    c)I think its appalling they way they want nothing to do with the estate on the one hand and then on the other want to maintain control of what happens with the roads on the other yet not take on the responsibility of ownership and maintenance.€3500 on an engineering report that will probably find a)insufficient parking provided and b)reccommend aone way system which everyone knows already then€2500 to change 4 signs and roadmarkings over a couple hundred metres.:mad:


  • Registered Users Posts: 5,663 ✭✭✭Charlie-Bravo


    @ woodser, totally agree - This cost is unacceptable and plus not to consult the relative people first disgusts me.

    I did note that it said the Wood in the Wickla Times. Then I was thinking they must just mean Charlesland to have a one way system up one side of the spine and down the other (a big roundabout if you ask me). As Sky Cap said, when you bring the Court into the mix, is this just the green area when you drive into the Court.

    The Wood entrance off the roundabout has a one way system around the green which works quite well apart from the odd eegit taking a short-cut cause they're too tight on petrol to drive the proper way round (maybe a sign of things to come for any one-way system).

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  • Closed Accounts Posts: 124 ✭✭woodser


    astrofluff wrote:
    @ woodser, totally agree - This cost is unacceptable and plus not to consult the relative people first disgusts me.

    I did note that it said the Wood in the Wickla Times. Then I was thinking they must just mean Charlesland to have a one way system up one side of the spine and down the other (a big roundabout if you ask me). As Sky Cap said, when you bring the Court into the mix, is this just the green area when you drive into the Court.

    The Wood entrance off the roundabout has a one way system around the green which works quite well apart from the odd eegit taking a short-cut cause they're too tight on petrol to drive the proper way round (maybe a sign of things to come for any one-way system).
    No I made contact with the cllr that brought it up. In all fairness to him backing up the residents and it is the second turn into the wood. They have a nightmare there with parking its a two way system can't understand why the planning was so bad as every other square on that side is one way any one got access to plans for road sinage maybe just maybe the developers took ashort cut and went two way I've searched and searched in W.C.C. and cant find a plan directing traffic flows internally in the estates.Maybe just maybe it never existed.And maybe just maybe "the Wyse ones" haven't copped it.If so W.C.C. have no juristiction as you cant change something that never existed in the first place or can you????Any help appreciated has anybody ever seen aplan showing traffic flows and specifying one or two way systems or seen it specified on planning applications.Its certainly not in W.C.C.


  • Registered Users Posts: 386 ✭✭JanneG


    When the second phase of the Wood was being finished the builders used the "green" for their barracks etc and the upper side was totally closed off. They then put down roadmarkings for a two-way system and I think they just couldn't be arsed changing it into a one way system and therefore made the other side two-way as well...

    If I would have gotten 50 cent for every time I've had to fling the car up onto the footpath due to someone coming flying towards me (technically on the wrong side of the road) I could have paid for the remarkings myself...

    Just waiting for a serious accident to happen...


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  • Closed Accounts Posts: 124 ✭✭woodser


    I think you may be right janneg about the markings being thrown down willy nilly.My aim is to find if they were put down incorrectly in the first place if I can prove this then W.C.C. have no right to ask for an engineers report thus saving the management company ie you and me €3500 in an engineers report. And €2500 in works as it will be the developer who is liable.


  • Closed Accounts Posts: 12 Sky Captain


    These representations were made on behalf of the Court and not the Wood. Given the plethora of estates within the development, some confusion had arisen as to which part of the estate referred to, but it is absolutely the Court.

    The piece in the recent overall residents commitee newsletter referred to the spine road, as follows:

    "The matter of traffic-calming and traffic management measures on the spine road is being discussed between Zapi Properties and Wicklow County Council. These include consideration of formal parking provision, one-way systems, the installation of ramps, double yellow lines, speed limit signs and bollards."

    However, the representations at the recent town council meeting relate to the two middle greens within the Court.

    Both are currently two way and it was following a consultation exercise some time back with residents that it was decided to move forward with proposals to make these one way and to determine what was involved. This does not have any bearing on any other management company, apart from the Court's. Residents have previously been advised in the Court that they will be notified directly of any developments and, of course, can email at any time.

    Hope this clarifies certain matters.


  • Closed Accounts Posts: 124 ✭✭woodser


    Then why was the question put down to the county manager and planning official for the area at last months meeting of W.C.C.relating to the wood and no mention of the court.The cllr in question asked three questions about the Wood specifically 1the fence bordering the Wood and three trouts. 2 The two way system in the second part of the wood.And finally if the council would be expedient in taking the wood in charge as it was the first completed development in charlesland.It was these questions that were reported on in the wicklow Times with no mention of the spine road or the Court.:confused:


  • Closed Accounts Posts: 12 Sky Captain


    I am afraid the councillor confused the two estates, but is now very clear. Cheers


  • Closed Accounts Posts: 124 ✭✭woodser


    ok if you understand he did, he but upon speaking to the cllr again last night he was very clear that the fence was in relation to both moreso the wood but the one way system he spoke about was most certainly the wood as was the request he put in about the taking in charge of the estate .the only estate advanced enough with surveys and snag lists was the wood according to him.


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  • Closed Accounts Posts: 14 katek


    Sorry I only saw this post now....
    Does that mean that the second part of the wood (from 100ish up) may be turned into 1 way system. This would be great as the current situation is so dangerous, very sharp right which 2 cars have to yield to each other to go round the green space, children playing on bikes and no children at play signs (there are ones on the first part of the wood) and a huge truck parked on one side of the green space regularly. Also added to this people drive far too quickly through this area......
    I would be delighted if something was done about this. As for the speed of those using the spine road, it is just so dangerous. For those coming out of the Wood also with the cars parked, it is so dangerous.


  • Closed Accounts Posts: 124 ✭✭woodser


    Well its the 25 of oct with 4 weeks notice by company law that makes it the 21st of nov if it doesn't come tomorrow or after then it will have to be the 28th of nov that is pushing it very close to the legal deadline that the Management co have to abide by for an A.G.M..I spoke to a girl in da agents orifice and she said that it would be issued over the next two weeks because certain "ISSUES" have to be dealt with, but two weeks time would mean the week before christmas by the time the agm is called- if the letter of the law is to be complied with -any less than 4 week notices and I'm going to the c.r.o. What "issues"-anybody know whats up? there is obviously some problem but what?


  • Closed Accounts Posts: 6,939 ✭✭✭mikedragon32


    They borked the refunds. Overpaid some and underpaid others afaik.


  • Closed Accounts Posts: 124 ✭✭woodser


    They borked the refunds. Overpaid some and underpaid others afaik.

    You cant be serious tell me in this day and age with one of the top accountancy firms in the country they managed to do this .Correct me if I'm wrong from reading their letter with the last refund they admitted that they not only botched the accounts from 04 and 05 and 06 but now they have botched correcting this error.
    Will this mean that people will have to pay them back money in order that others can get what is duly owed to them.
    No I cant believe this.:rolleyes::mad:then again miked you have always been a solid source of information and I trust you have your sources.Inflation since 04 around 12% .If I'm owed money I'll be claiming 12%interest on it and 12% on what I was already given.I paid about 5000 a year for the past 3 years for properties thats 15000 I gave them and got 1700 back they wont be seeing another penny from me under the current arrangements and let them pursue it anyway they want I'd preferto spend 5000 on a solicitor and 5000 on a barrister next year.Jesus I cant believe it are people so complacent around here that they are allowing themselves tobe ripped off.Joe Duffy even though I cant stand him might be agood place to start.


  • Closed Accounts Posts: 25 woodcutter


    You cant be serious tell me in this day and age with one of the top accountancy firms in the country they managed to do this
    Perhaps one of the Top 279 firms :rolleyes:
    Correct me if I'm wrong
    If you insist :D
    from reading their letter with the last refund they admitted that they not only botched the accounts from 04 and 05 and 06
    They NEVER admitted botching any set of accounts.
    but now they have botched correcting this error.
    Will have to concede this one I’m afraid.
    Will this mean that people will have to pay them back money in order that others can get what is duly owed to them.
    Yes, pay back money that was never rightly theirs in the first place
    then again miked you have always been a solid source of information and I trust you have your sources.
    miked would rather do time than reveal his (or her) sources. I know this for a fact so don’t even bother asking him (or her).
    Inflation since 04 around 12% .If I'm owed money I'll be claiming 12%interest on it and 12% on what I was already given.
    Ever heard the saying ‘rob Peter to pay Paul’?
    I paid about 5000 a year for the past 3 years for properties thats 15000 I gave them
    Who’s ‘them’?? ‘You’ are the Management Company
    and got 1700 back
    I hoped you thanked those involved in securing that refund and perhaps, bought them a pint
    they wont be seeing another penny from me under the current arrangements
    Again, who are ‘they’?? and what’s a ‘penny’?
    and let them pursue it anyway
    ‘They’ don’t need to pursue it. ‘They’ can leave it sit, gathering interest and really inconvenience you just at that critical moment when that all-elusive buyer you managed to track down after 9 months and numerous price drops of trying to sell one of your many properties is about to sign on the dotted line…….
    Jesus I cant believe it are people so complacent around here
    Please ignore ealier comment about thanking those responsible for securing refund, I didn't realise you were involved.
    that they are allowing themselves tobe ripped off.
    Ripped off how?
    Joe Duffy even though I cant stand him might be agood place to start.
    Ah, the last refuge of the loon!


  • Closed Accounts Posts: 124 ✭✭woodser


    woodcutter wrote: »
    Perhaps one of the Top 279 firms :rolleyes:


    If you insist :D


    They NEVER admitted botching any set of accounts.


    Well the letter more or less said that due to it being brought to their attention they were making a refund -yes the accounts were botched at the last agm they had the wrong management company name and were full of errors .I recall someone commenting that a junior cert student would have done better.We also were suppose to have recieved a corrected set which I eventually procured Mike says that they botched the refunds therefore their accountancy and procedures must have been botched.


    Will have to concede this one I’m afraid.Agree


    Yes, pay back money that was never rightly theirs in the first place.
    Of course the money was ours in the first place


    miked would rather do time than reveal his (or her) sources. I know this for a fact so don’t even bother asking him (or her).
    I never asked him just commented that going on all his past posts his sources and information were 100% correct.



    Who’s ‘them’?? ‘You’ are the Management Company.
    Effectively I am not-as I have just discovered- the structure as it is with 2 directors from the developer and 1000 votes by them opposed to 270 or so to the residents.Quite apart from this I was referring to the Agents and Accountants which I and the majority of shareholders have no say over.As opposed to the directors who have no vested interest have 1000 says over.It has also come to light that we are paying for services we should not be until we take the estate back and also that The developer is benifitting materially from services that we are paying for i.e. he doesnt have to pay for them as set out.


    I hoped you thanked those involved in securing that refund and perhaps, bought them a pint.I did actually they were in my company along with the moderator one night 6 months ago


    Again, who are ‘they’?? and what’s a ‘penny’?


    ‘They’ don’t need to pursue it. ‘They’ can leave it sit, gathering interest and really inconvenience you just at that critical moment when that all-elusive buyer you managed to track down after 9 months and numerous price drops of trying to sell one of your many properties is about to sign on the dotted line…….
    I dealt with that before and they had to pick up the tab as a result of a legal point they were aware of that wasnt in the lease agreement.

    Please ignore ealier comment about thanking those responsible for securing refund, I didn't realise you were involved.I wasnt but I gave a certain gentleman in wyse a hell of a headache independently at the time.


    Ripped off how?
    Running the budget on estimates and not basing them on any actual spend in any of the previous years and just dumping the surplus into the reserve fund which when pointed out to them they were very quick to refund


    Ah, the last refuge of the loon!
    The last refuge but not quite yet. Sounds like you may work for wyse or the accounts.First post and all that .If So Perhaps you can answer a question for me then .I'm almost certain I can send my solicitor to the A.G.M. as my proxy would this be true?


  • Closed Accounts Posts: 25 woodcutter


    I seriously doubt that you will get an admission from anyone involved that the accounts were wrong, so 'more or less' just doesn't cut it.

    If residents received a refund in excess of what they were entitled to then the money was not theirs in the first place.

    You ARE the management company (you perhaps more than most as it would appear from previous posts that you have more than 1 property & therefore more than 1 vote).

    Of course you have a say of the Agents and Accountants. You just need to know how best to use that voice. Knowledge is power.
    That knowledge might include the FACT that the Directors do NOT have 1,000votes but it is in FACT the Developer who has that vote. Symantics perhaps, but an important legal difference. That simple difference can be exploited if you know how.

    If, as you claim, you are paying for services which are the responsibility of the Developer, what have you done to challenge this? If the Directors of the Management Company contractually obligated the Mgt Co to meet a liability and the main beneficiary of that assignment is a company with which the Directors are connected, then there may be grounds for the Mgt Co to extricate itself from that obligation. But in order to do so, the full facts must be known.

    The Directors of the Mgt Company are fully entitled to run the company based on estimates as per the terms of the lease.

    My first post perhaps but not my last. Up to now I have chosen to merely observe the goings-on. As to your question; If you can find him, you can send Santa Claus himself as your proxy. Just ensue that whomever you choose is properly appointed and the Company Secretary notified in accordance with the proxy instructions.


  • Closed Accounts Posts: 124 ✭✭woodser


    "If, as you claim, you are paying for services which are the responsibility of the Developer, what have you done to challenge this? If the Directors of the Management Company contractually obligated the Mgt Co to meet a liability and the main beneficiary of that assignment is a company with which the Directors are connected, then there may be grounds for the Mgt Co to extricate itself from that obligation. But in order to do so, the full facts must be known."
    So woodcutter what you are saying
    a)Is that the directors of the Management co for the past 3 years also being Directors of the development company having a majority shareholding in the management co 1000 to 270 actually control the the management co and all decisions therein.
    so
    b) according to the planinng terms which state that the common areas areas should be the responsibility of the developer until such time as a handover to the local authority occurs.

    If However the developer in their wisdom decided to pass this responsibility on to the residents ie through the management co_- possibly avoiding this financial responsibility and the financial burden, also meaning that the developer may have financially benifitted thus the directors of the management co also being directors of the development co may have bennifitted and I stress may as this is a mere postulation;)
    As the developer didnt have pay the costs of this upkeep for the past 3 yearseffictively their company may and again I state may have saved 2 to 3 hundred thousand.

    Interesting postulation and certainly seems to make some sense.A small bit of homework on the lease agreement, the Bord pleanala sanction and terms of planning and the formulation of the leases should show the precise facts and clauses and prove or disprove this postulation -any views woodcutter?
    As a newbie here you seem to know quite a bit. I'll take back the accusation that you are somehow connected to the agent accountants and developers.What do you think of my elaboration of your point.


  • Closed Accounts Posts: 124 ✭✭woodser


    woodcutter wrote: »
    I seriously doubt that you will get an admission from anyone involved that the accounts were wrong, so 'more or less' just doesn't cut it.

    If residents received a refund in excess of what they were entitled to then the money was not theirs in the first place.

    You seem to have confused the issue .I'm angry because we recieved an incorrect refund and thta we actually were entitled to a refund and were over charged and that it had to take persons to apply serious pressure on the agents and recieve constant rebuttals from the agents to finally get it then it was botched not because I have to pay it back

    You ARE the management company (you perhaps more than most as it would appear from previous posts that you have more than 1 property & therefore more than 1 vote).
    Perhaps but in its current make up I may as well be someone from outside the company questioning the running of it or having input into it.

    Of course you have a say of the Agents and Accountants. You just need to know how best to use that voice. Knowledge is power.
    That knowledge might include the FACT that the Directors do NOT have 1,000votes but it is in FACT the Developer who has that vote. Symantics perhaps, but an important legal difference. That simple difference can be exploited if you know how.
    I agree perhaps I put it too simplistically in my post above

    If, as you claim, you are paying for services which are the responsibility of the Developer, what have you done to challenge this? If the Directors of the Management Company contractually obligated the Mgt Co to meet a liability and the main beneficiary of that assignment is a company with which the Directors are connected, then there may be grounds for the Mgt Co to extricate itself from that obligation. But in order to do so, the full facts must be known.
    Dealt with this in a seperate post

    The Directors of the Mgt Company are fully entitled to run the company based on estimates as per the terms of the lease.
    But for how long under company law?Is this really best practice?

    My first post perhaps but not my last. Up to now I have chosen to merely observe the goings-on. As to your question; If you can find him, you can send Santa Claus himself as your proxy. Just ensue that whomever you choose is properly appointed and the Company Secretary notified in accordance with the proxy instructions.
    Oh yes I will


  • Closed Accounts Posts: 25 woodcutter


    Woodser, You might well think that. I couldn't possibly comment. I'm just a backroom boy.


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  • Closed Accounts Posts: 124 ✭✭woodser


    Yeah right


  • Closed Accounts Posts: 4 macca66


    woodser wrote: »
    I think you may be right janneg about the markings being thrown down willy nilly.My aim is to find if they were put down incorrectly in the first place if I can prove this then W.C.C. have no right to ask for an engineers report thus saving the management company ie you and me €3500 in an engineers report. And €2500 in works as it will be the developer who is liable.


    The marking look like they are put down pretty straight to me and not willy nilly. The only people who have a problem with this are the people at the top around the wood. Because people have to throw their cars on the sidewalk(maybe they should drive slower or mabe get past their L plates) you are going to penalise the people who bought at the entrance to the estate by making them drive all the way round when the people at the top have to anyway.

    Maybe they should have looked at the parking situation before buying like I did. If you buy a place with one car park it doesn't give you the right to park on a bike lane because you live infront of it.

    There is no need to make it one way, speed humps will work fine.


  • Registered Users Posts: 386 ✭✭JanneG


    macca66 wrote: »
    The marking look like they are put down pretty straight to me and not willy nilly. The only people who have a problem with this are the people at the top around the wood. Because people have to throw their cars on the sidewalk(maybe they should drive slower or mabe get past their L plates) you are going to penalise the people who bought at the entrance to the estate by making them drive all the way round when the people at the top have to anyway.

    Maybe they should have looked at the parking situation before buying like I did. If you buy a place with one car park it doesn't give you the right to park on a bike lane because you live infront of it.

    There is no need to make it one way, speed humps will work fine.

    Neither do I have an L-plate nor have I driven fast when having to throw my car up on to the footpath... However I have been in the correct lane and gone the right way around the green and have had to get out of the way of people going along in the wrong lane while flying along...

    The way that people park around that green is just ridiculous at times + that road isn't wide enough to be two-way if you want to be able to park a car along there...

    I can't honestly see how 'speed humps' will make any difference really as the road still won't be able to fit 3 cars widthways...


  • Closed Accounts Posts: 14 katek


    can you just confirm where you are talking about, the second lot of the wood, the court or the spine road????????


  • Registered Users Posts: 5,663 ✭✭✭Charlie-Bravo


    Word has it that notification of an AGM will be issued by post this week therefore keep your diaries free for 21 days later.

    Shall we assemble a list of important queries, meet the night before to discuss and this will stop a mickey mouse meeting?

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  • Closed Accounts Posts: 4 macca66


    JanneG wrote: »
    Neither do I have an L-plate nor have I driven fast when having to throw my car up on to the footpath... However I have been in the correct lane and gone the right way around the green and have had to get out of the way of people going along in the wrong lane while flying along...

    The way that people park around that green is just ridiculous at times + that road isn't wide enough to be two-way if you want to be able to park a car along there...

    I can't honestly see how 'speed humps' will make any difference really as the road still won't be able to fit 3 cars widthways...


    I am talking about the road that effects most of the Charlesland community. Turning it into a one way system so that the people at the top can get past their neighbours who park inconsideratly should not effect the rest of the community. You are saying that we who live down the bottom of the estate have to be put out because of your bad planning.

    Speed humps will slow the cars down, and have you ever heard of a wonderful invention called a "NO PARKING SIGN"? Maybe it's time your neighbours literally got off the grass!


  • Closed Accounts Posts: 25 woodcutter


    astrofluff wrote: »
    Word has it that notification of an AGM will be issued by post this week therefore keep your diaries free for 21 days later.

    Shall we assemble a list of important queries, meet the night before to discuss and this will stop a mickey mouse meeting?

    To quote the song; I predict a riot.

    Given the level of interest in matters pertaining to the Woods' Management Company by certain boards contributors, I would wager that there will be more fireworks at this year's AGM than last Wednesday night.

    I would encourage you all to make every effort to be in attendence; encourage your neighbours; appoint a proxy in your absence. Irrespective of whether you make a verbal contribution on the night, the strongest message that you can send is to be in attendence. There will be plenty of residents with plenty to say on the night - you know who you are!


  • Registered Users Posts: 386 ✭✭JanneG


    macca66 wrote: »
    I am talking about the road that effects most of the Charlesland community. Turning it into a one way system so that the people at the top can get past their neighbours who park inconsideratly should not effect the rest of the community. You are saying that we who live down the bottom of the estate have to be put out because of your bad planning.

    Speed humps will slow the cars down, and have you ever heard of a wonderful invention called a "NO PARKING SIGN"? Maybe it's time your neighbours literally got off the grass!

    ????

    The road that has been in question is for the second part of the wood. The internal road around the green is a two way road and is definately not built for it. I cannot see how this effects 'most' of the Charlesland community??


  • Registered Users Posts: 5,663 ✭✭✭Charlie-Bravo


    JanneG wrote: »
    ????

    The road that has been in question is for the second part of the wood. The internal road around the green is a two way road and is definately not built for it. I cannot see how this effects 'most' of the Charlesland community??

    @Macca & JanneG, you guys abviously have your wires crossed. Yes the internal green for The Wood 2 is tight enough (although I don't have cause to drive around there). It is similar in The Court too but we'll leave that up to them.

    I suppose what I'm interested in for this AGM is if the council will take in charge the Wood Estate. It would save me €400 a year! Also I hear that Ballymore still own two of the units (the creches if I hear correctly). Anyone know if this can stop the council taking in charge the estate?

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  • Closed Accounts Posts: 25 woodcutter


    astrofluff wrote: »
    I suppose what I'm interested in for this AGM is if the council will take in charge the Wood Estate. It would save me €400 a year! Also I hear that Ballymore still own two of the units (the creches if I hear correctly). Anyone know if this can stop the council taking in charge the estate?

    The developer does still retain ownership of these units and is currently appealing WCC decision to refuse change of use. The lease agreement does connect the Developers involvement in the Mgt Co to the disposal of all units.

    The Council will not take in charge, any estate which still has the involvement of the Developer. Serious consideration should be given to the consequences of (a) the Developer stepping down from the Mgt Co and (b) the Council taking the estate in charge.

    Charlesland, as a whole, is in a somewhat unique situation in terms of its set up and there are other obstacles to be cleared before any approach to the Council could even be considered.


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