Would this be legal?

bernyh

Hi

I know that there is a sticky about management agents but wanted to put this a bit seperate.

We live in a complex of roughly 160 apartments, spread over 4 buildings in Swords. We've lived there for over 4.5 years.

Never been able to get our post delivered to us as the postboxes have been broken since we bought the place. Front entrance doors have been broken for the majority of that time, although they have been attempted to be fixed but just continually vandalised. There are holes in the walls the paint is scruffy and the carpets are disgusting.

We've had a grand total of 4 management agents in that time (apartments are up about 6 years).

First years management fees (even though we only signed for the apt in circa June (the developer owned the property for first 6 months of the year. we had to pay the full management fees and were told we would get a rebate, this was told to us by our solicitor we never got it)

Anyway I digress first years fee's €1000

Second years fees €1100 +€600 levy (for new doors and security which was never implimented)

third years fee's €1200

Fourth year fee's €1200 + €350 security levy (exactly the same as last time.

The first security levy was levied whilst the directors still contained some developers and the managing agent was the developers appointed one's.

We had two further management agents who bowed out of the developement in quick succession, we now have a fourth managing agent, who in all honesty actually seem to be alright, they have been in situ since last year and we finally have new doors and letter boxes in place, in the last 2 weeks, although the building itself is in tatters.

Firstly my question is... how legal is it if I refuse to pay the second levy, bearing in mind that we paid the initial one for the same items? Management agent refuses to give me a key to my letterbox until we pay the €350 levy.

Should we have gotten a rebate on year 2??

Finally as the majority of the apartments in the block are rented apartments and I have personally witnessed many incidents of vandalism from tenants (what I am saying is it's not owner occupiers who are burning walls and putting holes in them forcing the external doors open on the occassions when they were working, etc)

Do you think if I suggested at the next AGM that the owners who rent out their property should pay an extra charge every year say €100 each to cover damage to the property caused by tenants be legal?

any suggestions appreciated

Thanks

Berny

antoinolachtnai

It depends on your lease, but probably not. On the other hand, is it legal to withhold keys to the post?

This is all tough stuff, but the arguments are ultimately going nowhere. The money from three years ago, or whenever is ultimately gone.

You should probably have gotten credit on the extra you paid on the service charge, but it all depends.

The whole security side really needs to be sorted out. You and the other residents have to get behind the efforts the management agent and the management company are making.

How Strange

I'd advise you to work with the managing agents to improve the place. you're a member of the management company and you should be speaking to the directors.

I used to manage apartments and a strong management company can achieve fantastic results in troubled developments.

I'd recommend introducing a fine system for occupants who breach house rules i.e. vandalism. This is particularly effective in properties with a high percentage of rented units. It has to be raised as a special motion at the AGM aned the members have to vote to accept or reject it but it puts responsibility on landlords to put decent tenants in their apartments.

About the levy; why wouldn't you pay it if it's for improving security? You say the new agents are getting things done so don't obstruct s them by not paying. It's unfortunate but irrelevant that you paid a levy previously for security improvements and it wasn't spent properly. That is a matter for the directors of the management company as they have ultimate responsibility for how funds are spent.

You probably should have been refunded 6 months fees so raise that with the agents.