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There's your clamp back

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1246

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    #92
    Stark
    Registered Users Posts: 20,975 ✭✭✭✭Stark


    Guy:Incognito wrote: »
    The management company do. The management company works for the landlord. As Paul has said. The landlords can do away with clampers. But amazingly most apartment blocks still seem to have them. If no one wants them, how are they still there?

    Because most people have been fortunate enough not to be unlucky with them. But when you do get unlucky, there's no course of appeal for you.


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    #93
    Paulw
    Registered Users Posts: 13,381 ✭✭✭✭Paulw


    Stark wrote: »
    Because your landlord doesn't employ the clampers...

    Yes, the landlord does employ the clampers, because the landlord is a member of the management company, who employ the campers. :rolleyes:
    Stark wrote: »
    There were no permits in the last place I lived in. There was a number on the spot corresponding to the number of your house. We supplied pictures of the clamped car and documents from our landlord proving proof of ownership but got nowhere with the appeal.

    Again, this is then between you and the landlord. People have taken cases to the PRTB and then the landlord has to refund the tenant. The landlord can then go after the clamping company through the management company (which he is part of). It does work.

    But, like anything else, there are procedures to follow. The tenant should deal with the landlord and chase the landlord.


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    #94
    smash
    Closed Accounts Posts: 34,809 ✭✭✭✭smash


    Guy:Incognito wrote: »
    Under what authority? Surely your illegally immobilising his vehicle?
    Under the authority that I bought that spot!


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    #95
    Stark
    Registered Users Posts: 20,975 ✭✭✭✭Stark


    Guy:Incognito wrote: »
    Under what authority? Surely your illegally immobilising his vehicle?

    But it's okay if he hires someone to immobile the vehicle?


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    #96
    Stark
    Registered Users Posts: 20,975 ✭✭✭✭Stark


    Paulw wrote: »
    Again, this is then between you and the landlord. People have taken cases to the PRTB and then the landlord has to refund the tenant. The landlord can then go after the clamping company through the management company (which he is part of). It does work.

    But, like anything else, there are procedures to follow. The tenant should deal with the landlord and chase the landlord.

    Okay, I wasn't aware of that option. My opinion of the clamping company in question was coloured when I received the PFO after what I considered to be a perfectly valid appeal.


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    #97
    Paulw
    Registered Users Posts: 13,381 ✭✭✭✭Paulw


    smash wrote: »
    Under the authority that I bought that spot!

    Bought, as in freehold of the land? So you have property title? Or bought as in renting of the space for a set period of time??

    Buying an apt is leasehold. You are technically renting the property for 999 years (or whatever the term is specified in the Lease Contract). The same would usually apply to the parking space.

    Even still, the management company own (legally) the property in full. You only have use of it. They can still set conditions for use of the property.


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    #98
    Guy:Incognito
    Registered Users Posts: 38,247 ✭✭✭✭Guy:Incognito


    Stark wrote: »
    But it's okay if he hires someone to immobile the vehicle?

    I think it's perfectly fine, but seeign as we dont get irony through text maybe I should have put a smiley in for people.


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    #99
    smash
    Closed Accounts Posts: 34,809 ✭✭✭✭smash


    Paulw wrote: »
    Bought, as in freehold of the land? So you have property title? Or bought as in renting of the space for a set period of time??

    Buying an apt is leasehold. You are technically renting the property for 999 years (or whatever the term is specified in the Lease Contract). The same would usually apply to the parking space.

    Even still, the management company own (legally) the property in full. You only have use of it. They can still set conditions for use of the property.

    The management company is employed by the property owners. They do not own the property in full.


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    #100
    Mossess
    Registered Users Posts: 316 ✭✭Mossess


    If you insert Super-Glue into the lock are you actually breaking the law?


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    #101
    Anan1
    Registered Users Posts: 22,815 ✭✭✭✭Anan1


    Mossess wrote: »
    If you insert Super-Glue into the lock are you actually breaking the law?
    Of course you are - it's vandalism.


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    #102
    mdebets
    Registered Users Posts: 1,747 ✭✭✭mdebets


    smash wrote: »
    The management company is employed by the property owners. They do not own the property in full.
    No, you are talking about the Management Agent.

    The Management Company consists of all property owners. They have an AGM every year and a board of directors. They set the overall policies. They own the full property.
    They then hire an management agent, who performs the day to day business.


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    #103
    smash
    Closed Accounts Posts: 34,809 ✭✭✭✭smash


    mdebets wrote: »
    The Management Company consists of all property owners. They have an AGM every year and a board of directors. They set the overall policies. They own the full property.

    So the property owners do own their property then! :rolleyes:


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    #104
    Paulw
    Registered Users Posts: 13,381 ✭✭✭✭Paulw


    smash wrote: »
    So the property owners do own their property then! :rolleyes:

    As a collective, not as individuals.

    The management company, a legal entity, owns the property. The management company is made up of members, who own their units (Leasehold ownership). The management company employ a management agent, who do the day to day running of developments.

    Do we really need to explain managament companies and their running here??

    Bottom line, in the vast majority of situations, you don't own the parking spot, the management company does. They can set the terms and conditions for use. Introduction of clamping and such is voted on at the company AGM. Only paid up members can vote, and tenants/residents don't have a vote/say in how the management company is run.

    Tenants should bring issues to their landlord, who can address issues with the management company.


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    #105
    smash
    Closed Accounts Posts: 34,809 ✭✭✭✭smash


    Paulw wrote: »
    As a collective, not as individuals.

    Even as a collective, they have no real power over how you handle your property. It's not like they can kick you out.


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    #106
    Anan1
    Registered Users Posts: 22,815 ✭✭✭✭Anan1


    smash wrote: »
    Even as a collective, they have no real power over how you handle your property. It's not like they can kick you out.
    As was said earlier, it's not your property.


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    #107
    Paulw
    Registered Users Posts: 13,381 ✭✭✭✭Paulw


    smash wrote: »
    Even as a collective, they have no real power over how you handle your property. It's not like they can kick you out.

    Incorrect. They can. There are many means, but they involve going through the courts. Cases have been won that forced eviction and also forced selling of units by people who haven't abided by the clauses in their Lease Contracts. These would generally be in extreme cases, but it can be done.

    I think, the more you post, the more you need to go and educate yourself about management companies, how they are run, what powers they have, etc.

    Management companies have a lot of power as to how a place is run. And unit owners, as members, have powers and responsibilities in the running of a development.


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    #108
    Guy:Incognito
    Registered Users Posts: 38,247 ✭✭✭✭Guy:Incognito


    The bottom line is, the people that owner the apartments decide whether there are clampers or not.

    IF you dont like clampers, take it up with the owners, they want them there to enforce the rules of the carpark. If you have issue with the rules, again, take it up with the owners. If you are an owner, your already deciding the rules so stop complaining,


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    #109
    smash
    Closed Accounts Posts: 34,809 ✭✭✭✭smash


    Well majority decides, so if you don't like it and the minority does then you're fcuked.

    Also, a forced selling leaving someone with negative equity loans could legally get very messy for a management company!


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    #110
    Mossess
    Registered Users Posts: 316 ✭✭Mossess


    Anan1 wrote: »
    Of course you are - it's vandalism.

    Surely Super glue is no different to putting a clamp on a car is it? While it's in place the item cannot be used, if it's removed the item can be used.


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    #111
    smash
    Closed Accounts Posts: 34,809 ✭✭✭✭smash


    You could always tell them you have no intention of using your car, so you've added another lock to their clamp. The release fee is €150 if they want their clamp back.


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    #112
    Anan1
    Registered Users Posts: 22,815 ✭✭✭✭Anan1


    Mossess wrote: »
    Surely Super glue is no different to putting a clamp on a car is it? While it's in place the item cannot be used, if it's removed the item can be used.
    Of course it's different. Super glue damages the lock, the clamp doesn't damage the car.


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    #113
    Gary ITR
    Closed Accounts Posts: 16,801 ✭✭✭✭Gary ITR


    I live in apartment complex in Tallaght, the parking is currently a free for all and while you may not get the spot you want, ie right outside your apartment, you will still find a spot.

    Last year the managment company wanted to introduce clamoing and permit parking, the reason? They actually said it was 'to raise much needed revenue'

    So not because there was a problem with parking but solely to make money. The reidents association went loopy and the idea had to be scrapped


  • Options
    #114
    Mossess
    Registered Users Posts: 316 ✭✭Mossess


    Anan1 wrote: »
    Of course it's different. Super glue damages the lock, the clamp doesn't damage the car.

    The super glue does not damage the lock. It would only damage the lock in the same way that not removing the clamp would damage the car.
    If the super glue is removed correctly then there is no damage. Just inconvenient for the clamper. Just like the clamp is to the driver.


  • Options
    #115
    Jaysoose
    Closed Accounts Posts: 3,212 ✭✭✭Jaysoose


    Gary ITR wrote: »
    I live in apartment complex in Tallaght, the parking is currently a free for all and while you may not get the spot you want, ie right outside your apartment, you will still find a spot.

    Last year the managment company wanted to introduce clamoing and permit parking, the reason? They actually said it was 'to raise much needed revenue'

    So not because there was a problem with parking but solely to make money. The reidents association went loopy and the idea had to be scrapped


    Did they need to raise the money because some residents were not paying the management fees?

    Only reason i ask as its seems to be a big issue at the minute including in my own complex.


  • Options
    #116
    ants09
    Registered Users Posts: 709 ✭✭✭ants09


    Paulw wrote: »
    The management company, a legal entity, owns the property. The management company is made up of members, who own their units (Leasehold ownership). The management company employ a management agent, who do the day to day running of developments.
    Paulw wrote: »
    Bottom line, in the vast majority of situations, you don't own the parking spot, the management company does.

    The management company does not own the property, have a look at the set of financial statements of the management company and no were does it say it has fixed assets ie land & buildings etc

    The owners of the appartments own the common areas collectively as you said but not the management company.


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    #117
    Bandara
    Registered Users Posts: 3,282 ✭✭✭Bandara


    Purely out of curiosity would happen if you cut the clamp off and left it there, then Rang them and said that someone unknown to you has removed the clamp ?

    How would they prove otherwise?


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    #118
    Wossack
    Registered Users Posts: 7,007 ✭✭✭Wossack


    why would you even ring?


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    #119
    Bandara
    Registered Users Posts: 3,282 ✭✭✭Bandara


    Wossack wrote: »
    why would you even ring?

    Otherwise they are blaming you straight off


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    #120
    Gary ITR
    Closed Accounts Posts: 16,801 ✭✭✭✭Gary ITR


    Jaysoose wrote: »
    Did they need to raise the money because some residents were not paying the management fees?

    Only reason i ask as its seems to be a big issue at the minute including in my own complex.

    Not my problem, I pay my rent so I won't be held to ransom


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    #121
    Wossack
    Registered Users Posts: 7,007 ✭✭✭Wossack


    Hammertime wrote: »
    Otherwise they are blaming you straight off

    you phoning them, is you acknowledging that there was a clamp on the car, and now there isnt.. surely more damning then just feigning complete ignorance of the clamp imo

    remove all signs of clamping, put clamp in boot, find skip, put clamp in skip


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