Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

Coil Tire, Doughuisce Clamping

Options
124

Comments

  • Options
    #92
    dannyd20
    Registered Users Posts: 345 ✭✭dannyd20


    Coill Tire wrote: »
    Do you know the owner of the car that was clamped or can you remember the exact location of the clamping?

    It was a toyota car parked where the van is in this map. Map


  • Options
    #93
    Sponge Bob
    Banned (with Prison Access) Posts: 25,234 ✭✭✭✭Sponge Bob


    Get a photo of clamper and van and apply to have them committed for contempt of court.

    Ensure a journalist is present when they are dragged into court. :)


  • Options
    #94
    dustykelly
    Registered Users Posts: 3 ✭dustykelly


    Coill Tire wrote: »
    dannyd20 wrote: »
    Don't think it is stopping the clampers cos I drove past a clamped car in Coill Tire yesterday. The apcoa van was nearby.

    Where did you get the wording of the injunction?

    I have a copy of the Injunction. You can also confirm the record number (286/12) at the Circuit Court Office.

    Do you know the owner of the car that was clamped or can you remember the exact location of the clamping? The Injunction is still active - at the least - until the next Court Date . A Motion of contempt can only be raised if one can get evidence of payment made to release a clamped car in Coill Tire.

    How did the case go?


  • Options
    #95
    Robbo
    Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 10,563 Mod ✭✭✭✭Robbo


    dustykelly wrote: »
    How did the case go?
    The plaintiff, as a lay litigant, was granted their injunction, which I believe was uncontested. The terms of which I wasn't around to witness but I must congratulate the plaintiff for a putting together a better case in equity than many professionals in town could ever manage.


  • Options
    #96
    Seaneh
    Banned (with Prison Access) Posts: 18,300 ✭✭✭✭Seaneh


    Put a sticker on your driver door window with the following.

    "any Wheel Clamp/Boot will be removed and stored in a secure location, the owner may reclaim the device by contacting "insert number here" between the hours of xx to xx, a fee of €100 per day will be charged for Administration and storage costs"

    Then remove it without damaging it and keep it in your house.

    Other option is to quote the law (can't remember it off the top of my head) that states it is illegal to interfere with the operation of a moter vehical etc.

    You cannot get in trouble with the law once you don't damage the device itself, they are not working for the authorities, if they threaten with the guards, tell them to **** off.

    Infact, just get a bold cutters, remove it and dump it, they will never be able to prove anything anyway.


  • Advertisement
  • Options
    #97
    Coill Tire
    Registered Users Posts: 41 ✭Coill Tire


    Seaneh wrote: »
    Put a sticker on your driver door window with the following.

    "any Wheel Clamp/Boot will be removed and stored in a secure location, the owner may reclaim the device by contacting "insert number here" between the hours of xx to xx, a fee of €100 per day will be charged for Administration and storage costs"

    Then remove it without damaging it and keep it in your house.

    Other option is to quote the law (can't remember it off the top of my head) that states it is illegal to interfere with the operation of a moter vehical etc.

    You cannot get in trouble with the law once you don't damage the device itself, they are not working for the authorities, if they threaten with the guards, tell them to **** off.

    Infact, just get a bold cutters, remove it and dump it, they will never be able to prove anything anyway.

    http://www.almeidalaw.com.au/law.php
    Illegal use/Interference with a motor vehicle:-

    It is an offence to use or interfere with a motor vehicle without the consent of the vehicle’s owner.

    This is a South Australian Law.


  • Options
    #98
    Unrealistic
    Registered Users Posts: 1,280 ✭✭✭Unrealistic


    Coill Tire wrote: »
    http://www.almeidalaw.com.au/law.php
    Illegal use/Interference with a motor vehicle:-

    It is an offence to use or interfere with a motor vehicle without the consent of the vehicle’s owner.
    The prosecution must prove that a person charged with these types of offences knew that they did not have permission to use or interfere with the motor vehicle.
    I must remember that next time I'm parking in Australia.
    Contact Us
    Address: 66 Prospect Road, Prospect, South Australia 5082


  • Options
    #99
    Seaneh
    Banned (with Prison Access) Posts: 18,300 ✭✭✭✭Seaneh


    Coill Tire wrote: »
    http://www.almeidalaw.com.au/law.php
    Illegal use/Interference with a motor vehicle:-

    It is an offence to use or interfere with a motor vehicle without the consent of the vehicle’s owner.

    This is a South Australian Law.

    No, there is also an Irish law, I'll try dig it up.

    Edit:

    Section 113 of the RTA 1961

    113.—(1) A person shall not, without lawful authority or reasonable cause, interfere or attempt to interfere with the mechanism of a mechanically propelled vehicle while it is stationary in a public place, or get on or into or attempt to get on or into the vehicle while it is so stationary.


  • Options
    #100
    FirstinLastout
    Registered Users Posts: 477 ✭✭FirstinLastout


    Just out of interest, anyone know what the damn screeching in Coill Tire at night is?


  • Options
    #101
    Damie
    Registered Users Posts: 341 ✭✭Damie


    FirstinLastout wrote: »
    Just out of interest, anyone know what the damn screeching in Coill Tire at night is?
    Bats?


  • Advertisement
  • Options
    #102
    Coill Tire
    Registered Users Posts: 41 ✭Coill Tire


    Seaneh wrote: »
    No, there is also an Irish law, I'll try dig it up.

    Edit:

    Section 113 of the RTA 1961

    113.—(1) A person shall not, without lawful authority or reasonable cause, interfere or attempt to interfere with the mechanism of a mechanically propelled vehicle while it is stationary in a public place, or get on or into or attempt to get on or into the vehicle while it is so stationary.


    I wonder how this is applicable to Licensed clamping companies.

    ROAD TRAFFIC ACT, 1961 - Section 113
    (1) A person shall not, without lawful authority or reasonable cause, interfere or attempt to interfere with the mechanism of a mechanically propelled vehicle while it is stationary in a public place, or get on or into or attempt to get on or into the vehicle while it is so stationary.

    (2) A person who contravenes subsection (1) of this section shall be guilty of an offence.

    (3) Where a member of the Garda Síochána has reasonable grounds for believing that a person is committing an offence under this section, he may arrest the person without warrant.

    (4) This section shall not apply to a person taking, in relation to a mechanically propelled vehicle which is obstructing his lawful ingress or egress to or from any place, such steps as are reasonably necessary to move the vehicle by human propulsion for a distance sufficient to terminate the obstruction.

    (5) Where a person is charged with an offence under this section, it shall be a good defence to the charge for him to show that, when he did the act alleged to constitute the offence, he believed, and had reasonable grounds for believing, that he had lawful authority for doing that act.


  • Options
    #103
    dustykelly
    Registered Users Posts: 3 ✭dustykelly


    Robbo wrote: »
    dustykelly wrote: »
    How did the case go?
    The plaintiff, as a lay litigant, was granted their injunction, which I believe was uncontested. The terms of which I wasn't around to witness but I must congratulate the plaintiff for a putting together a better case in equity than many professionals in town could ever manage.

    That's great. But which side did the court find in favour of?


  • Options
    #104
    Robbo
    Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 10,563 Mod ✭✭✭✭Robbo


    dustykelly wrote: »
    That's great. But which side did the court find in favour of?
    The plaintiff, the guy from Coil Tire who's unhappy with the clamping regime.


  • Options
    #105
    Maned
    Registered Users Posts: 4 ✭Maned


    Robbo wrote: »
    There is no administration in Irish Company Law. I presume the builder you're referring to is McInerney's who are in receivership after a failed tilt at examinership.

    Your beef is with the management agent. Attend the AGM if it's soon or call an EGM and threaten to arrange a coup (there has been a new entrant into the Galway market for management agents recently) if the clamping regime isn't relaxed. At the very least, it'll give the residents some shared sense of purpose.

    An EGM and the sacking of the management board and agent will be the best way to go.

    10% of eligible voters can sign a requisition for an EGM under the Companies Act, 1963. If the directors fail to call an EGM within 21 day of lodging the requisition for an EGM, the members concerned can organise one and any resolution agreed upon at such meeting will be binding to all members of the management company. From my understanding, less than 6% of the members voted for clamping. If 10% + can sign a requisition, it's obvious they will overturn the unpopular decision made by the 6%.


  • Options
    #106
    ctowner
    Registered Users Posts: 5 ✭ctowner


    The court case in relation to the injunction for clamping in Coill Tire was won last week by the Coill Tire management company (which all residents that have fully paid their fees are members of).
    This decision for clamping was voted on in the AGM, minutes and notices were posted to every household numerous times.

    If you are a resident/ owner in Coill Tire, and you have paid your maintenance fees you have received parking permits to display on your cars. Additional visitors permits can bought on line OR you can text the number for 24hours parking for visitors.

    If you personally have queries or issues, best practice is to attend the AGM or other meeting. There is generally very poor turnout at these meetings (I have been at them all since I bought my home).

    Discuss you concerns or queries with a member of the Management Committee or one of the Directors (who live in Coill Tire).


  • Options
    #107
    ctowner
    Registered Users Posts: 5 ✭ctowner


    Maned wrote: »
    An EGM and the sacking of the management board and agent will be the best way to go.

    10% of eligible voters can sign a requisition for an EGM under the Companies Act, 1963. If the directors fail to call an EGM within 21 day of lodging the requisition for an EGM, the members concerned can organise one and any resolution agreed upon at such meeting will be binding to all members of the management company. From my understanding, less than 6% of the members voted for clamping. If 10% + can sign a requisition, it's obvious they will overturn the unpopular decision made by the 6%.

    I think you will find that this is not the best way to go - the court case was won by the Coill Tire Management Company. The directors of the management company are in a voluntarily position and making the best decisions for the estate based on the available resources.

    If you feel this way PLEASE attend an AGM and discuss with the members.
    :eek:


  • Options
    #108
    Coill Tire
    Registered Users Posts: 41 ✭Coill Tire


    ctowner wrote: »
    The court case in relation to the injunction for clamping in Coill Tire was won last week by the Coill Tire management company (which all residents that have fully paid their fees are members of).
    This decision for clamping was voted on in the AGM, minutes and notices were posted to every household numerous times.

    If you are a resident/ owner in Coill Tire, and you have paid your maintenance fees you have received parking permits to display on your cars. Additional visitors permits can bought on line OR you can text the number for 24hours parking for visitors.

    If you personally have queries or issues, best practice is to attend the AGM or other meeting. There is generally very poor turnout at these meetings (I have been at them all since I bought my home).

    Discuss you concerns or queries with a member of the Management Committee or one of the Directors (who live in Coill Tire).
    ctowner wrote: »
    I think you will find that this is not the best way to go - the court case was won by the Coill Tire Management Company. The directors of the management company are in a voluntarily position and making the best decisions for the estate based on the available resources.

    If you feel this way PLEASE attend an AGM and discuss with the members.
    :eek:


    I agree with you that the best practice is to attend the AGM or other meetings and I must admit, I have only attended one AGM held last April.

    What I do not agree with is your respected opinion suggesting that an EGM is not the best way to go. If the directors make unpopular decisions and there are provisions within the framework of the rule of law, then I don't see why the majority can not avail of such provisions to overturn any unpopular decisions. Actually, this will be a wake up call for members (like me) to get more proactive in the running of the management company. This applies to all democratic systems. People must get involved. It's all about numbers. Actually, the court ruled in favour of the management company because the plaintiffs did not exhaust the option available to them under the companies act.


  • Options
    #109
    Coill Tire
    Registered Users Posts: 41 ✭Coill Tire


    Today (for the 2nd time in July and within approx. 2 weeks) the landscape in Coill Tire have been mowed. This is the first time this year that such has happened. It's usually done every five weeks or more. What a quick turn of events!


  • Options
    #110
    dannyd20
    Registered Users Posts: 345 ✭✭dannyd20


    Clamping back in force! The two on the left have both been clamped today.

    Picture


  • Options
    #111
    mathepac
    Banned (with Prison Access) Posts: 4,991 ✭✭✭mathepac


    I'm not sure what your role or interest is in all of this, but some matters in relation to this estate need clarification and it's great to get access to someone with an inside track, so to speak.
    ctowner wrote: »
    The court case ... was won last week by the Coill Tire management company (which all residents that have fully paid their fees are members of). ...
    All property owners in Coill Tire are members of the management company. This would be perfectly normal. Payment / non-payment of the annual fees effects voting rights at AGMs / EGMs not membership. Again this is perfectly normal. unless the memorandum & articles have been changed at meeting where 30% + of the owners voted.

    What seems slightly different in Coill Tire is that there appears to be a preponderance of property developers owning multiple properties in the estate and they appear to have given themselves a vote / property at AGMs, etc. Is this true? Most other estates operate on the principal of 1 owner = 1 vote.

    Thanks.


  • Advertisement
  • Options
    #112
    sgthighway
    Registered Users Posts: 1,540 ✭✭✭sgthighway


    mathepac wrote: »
    What seems slightly different in Coill Tire is that there appears to be a preponderance of property developers owning multiple properties in the estate and they appear to have given themselves a vote / property at AGMs, etc. Is this true? Most other estates operate on the principal of 1 owner = 1 vote.

    Thanks.

    We have a similar issue but the developer pays a Property Mgt Fees for each house/apartment so is entitled to. I saw this in the accounts. He gives his Proxy to Chairman of the Residents Committee for all his properties. He own 10+. Luckily enough he has everybody's best interest at heart.

    ** Has everybody's money closest to his heart - shirt pocket probably.


  • Options
    #113
    SwimFin
    Registered Users Posts: 71 ✭✭SwimFin


    Unfortunately at our EGM it resulted in one (possibly more) developers casting a vote for each of their empty properties on the Estate....thereby due to low attendance at EGM this allowed the incumbent mgt agency to retain their grip on managing the Estate due to the voting power of the 'absentee developers'....landscaping is a joke, weeds growing everywhere, and it beginning to look like a neglected ghost estate.... nothing can be done about their 'mgt style' for another 18 months (next vote to replace Mgt Agency).


  • Options
    #114
    Coill Tire
    Registered Users Posts: 41 ✭Coill Tire


    ctowner wrote: »
    The court case in relation to the injunction for clamping in Coill Tire was won last week by the Coill Tire management company (which all residents that have fully paid their fees are members of).
    This decision for clamping was voted on in the AGM, minutes and notices were posted to every household numerous times.

    If you are a resident/ owner in Coill Tire, and you have paid your maintenance fees you have received parking permits to display on your cars. Additional visitors permits can bought on line OR you can text the number for 24hours parking for visitors.

    If you personally have queries or issues, best practice is to attend the AGM or other meeting. There is generally very poor turnout at these meetings (I have been at them all since I bought my home).

    Discuss you concerns or queries with a member of the Management Committee or one of the Directors (who live in Coill Tire).


    Point of correction ctowner, membership of Coill Tire Management Company Limited is automatic once you own a unit.

    Section 15 subsection 2 of the Multi-Unit Developments Act 2011, (the Act that amended the law relating to the ownership and management of the common areas of multi-unit developments) states that one vote shall attach to each residential unit. It didn't say one vote shall attach to each residential unit in which its owner has fully paid their fees/service charge.


  • Options
    #115
    ctowner
    Registered Users Posts: 5 ✭ctowner


    Coill Tire wrote: »
    Point of correction ctowner, membership of Coill Tire Management Company Limited is automatic once you own a unit.

    Section 15 subsection 2 of the Multi-Unit Developments Act 2011, (the Act that amended the law relating to the ownership and management of the common areas of multi-unit developments) states that one vote shall attach to each residential unit. It didn't say one vote shall attach to each residential unit in which its owner has fully paid their fees/service charge.


    To be clear - I am an owner in Coill Tire, I have been at all the management meeting and I do agree with Clamping. If you are an owner, go to the meeting and voice your concerns.
    There is no Big Bad guy here, a small number of owners have not paid their fees, which result in a lot of money. Out of this money the maintenance of the estate is paid.

    Honestly, if you have not paid your fees you do not have a vote. It is unfair to people who have paid their fees to watch the estate in the manner it is now.

    The accounts of the management company are available to view by any of the residents. i you feel that there is something "unlawful" going on you should direct you concerns to the Winters or to the Directors of Coill Tire Management company.

    On voting rights:
    "The voting rights of members in an owners’ management
    company to which this section applies shall be structured in such a
    manner that in the determination of any matter by the members of
    the company one vote shall attach to each residential unit in a multiunit
    development to which the owners    ’ management company
    relates, and that no other person has voting rights in respect of
    such determination."


  • Options
    #116
    ctowner
    Registered Users Posts: 5 ✭ctowner


    SwimFin wrote: »
    Unfortunately at our EGM it resulted in one (possibly more) developers casting a vote for each of their empty properties on the Estate....thereby due to low attendance at EGM this allowed the incumbent mgt agency to retain their grip on managing the Estate due to the voting power of the 'absentee developers'....landscaping is a joke, weeds growing everywhere, and it beginning to look like a neglected ghost estate.... nothing can be done about their 'mgt style' for another 18 months (next vote to replace Mgt Agency).

    these developers can not vote if they have not paid the fees. There is on vote per unit.


  • Options
    #117
    mathepac
    Banned (with Prison Access) Posts: 4,991 ✭✭✭mathepac


    ctowner wrote: »
    ... The accounts of the management company are available to view by any of the residents. ...
    The accounts should only be available to members of the management company. Membership in the management company does not extend to tenants in the estate.


  • Options
    #118
    ctowner
    Registered Users Posts: 5 ✭ctowner


    mathepac wrote: »
    ctowner wrote: »
    ... The accounts of the management company are available to view by any of the residents. ...
    The accounts should only be available to members of the management company. Membership in the management company does not extend to tenants in the estate.[/Quote

    This is a given !


  • Options
    #119
    Maned
    Registered Users Posts: 4 ✭Maned


    ctowner wrote: »
    To be clear - I am an owner in Coill Tire, I have been at all the management meeting and I do agree with Clamping. If you are an owner, go to the meeting and voice your concerns.
    There is no Big Bad guy here, a small number of owners have not paid their fees, which result in a lot of money. Out of this money the maintenance of the estate is paid.

    Honestly, if you have not paid your fees you do not have a vote. It is unfair to people who have paid their fees to watch the estate in the manner it is now.

    The accounts of the management company are available to view by any of the residents. i you feel that there is something "unlawful" going on you should direct you concerns to the Winters or to the Directors of Coill Tire Management company.

    On voting rights:
    "The voting rights of members in an owners’ management
    company to which this section applies shall be structured in such a
    manner that in the determination of any matter by the members of
    the company one vote shall attach to each residential unit in a multiunit
    development to which the owners    ’ management company
    relates, and that no other person has voting rights in respect of
    such determination."

    Ctowner, you've not quote any law or act that says "Honestly, if you have not paid your fees you do not have a vote."


  • Options
    #120
    mathepac
    Banned (with Prison Access) Posts: 4,991 ✭✭✭mathepac


    Maned wrote: »
    Ctowner, you've not quote any law or act that says "Honestly, if you have not paid your fees you do not have a vote."
    The memorandum & articles of association of the management company deal with voting rights, proxies, appointment of directors etc. The issue of voting rights and fees is dealt with there.


  • Advertisement
  • Options
    #121
    Maned
    Registered Users Posts: 4 ✭Maned


    mathepac wrote: »
    The memorandum & articles of association of the management company deal with voting rights, proxies, appointment of directors etc. The issue of voting rights and fees is dealt with there.



    Section 132 of the Companies Act, 1963 clearly states that "notwithstanding anything in the company's articles" an EGM shall be convened by the directors on request from members of the management company with at least 10% voting right.

    Section 15 subsection 2 of the Multi-Unit Developments Act, 2011, spells the conditions for voting right. It gives voting right strictly on the condition of ownership of a unit.

    These makes any contradicting voting right provision in memorandum & articles of association null & void.

    If the memorandum & articles of association were drafted before April 2011, then they have to be amended according to the amendments made in the MUD Act.

    Many multi-unit development management companies have either carried out or are in the process of amending their memorandum & articles of association in relation to voting right to be in accordance with the MUD act.


Advertisement