Coil Tire, Doughuisce Clamping

Coill Tire

Coill Tire wrote: »

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!

For the 3rd time this month the landscape in Coill Tire have been mowed. This might be a coincidence, but it is more likely a reaction by the management agent to the requisition for an EGM lodged this month in which 2 of the proposed actions are the removal of the MA and the revoking of the resolution authorising clamping of residents' vehicles.

Coill Tire

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."

I am also an owner occupier in Coill Tire, I pay my service charge, I have parking discs, but I'm against clamping because I do not want to reside in a community that criminalise its residents on civil matters that are meant to be settled in Court. I will like to believe that Ireland is a civilised country where the rule of law is paramount.

As you might know, an EGM notice has been sent to all members and they have unconditional right to vote at the meeting.

I hope that clears the issue of voting rights.

yfaykya

Hi guys,

The EGM is next week and I am unsure how to vote. I got a leaflet in door recently highlighting costs of Management company (and the fact that we paid to defend the clamping in court even though a lot seem against it). I am wondering what the pros can cons are to having Winters stay on. I am in a semi D. The only benefit (which is huge) is the landscaping but surely it can not cost me as much as the fees are?

Ppurplepenguin

Am against clamping & would love to see Winters out but reckon I'm still in favour of a mgmt company in place.
Would love to thrash this out over a cuppa before next tue if only to hear some other viewpoints.
btw: fully paid up, got clamped on Sun, failed to display.

mathepac

Ppurplepenguin wrote: »

...
btw: fully paid up, got clamped on Sun, failed to display.

Further evidence that this is a revenue-genertaing exercise for the clampers and the managing agent. The clampers should be obliged to carry a list of residents' reg nos to check against before clamping residents' cars.

Don't get caught out in future, text "555 'space' 'your reg n0'" to the clampers mobile number.

Coill Tire

yfaykya wrote: »

Hi guys,

The EGM is next week and I am unsure how to vote. I got a leaflet in door recently highlighting costs of Management company (and the fact that we paid to defend the clamping in court even though a lot seem against it). I am wondering what the pros can cons are to having Winters stay on. I am in a semi D. The only benefit (which is huge) is the landscaping but surely it can not cost me as much as the fees are?

The services we pay for are not carried out by Winters Property Management. Landscaping is being done by a separate company, cleaning of common areas is being done by another separate company. All Winters does is to administer the collection of money from unit owners, pay other companies to do the job and then charge it’s own fee which is more than 100% of the cost of services we all pay for.

The voluntary management committee can do the administering for the upkeep of the estate. This has been done in many estates around the country. The voluntary management committee will be made up of directors/members of Coill Tire Management Company Limited. I will be very much happy to volunteer as a member of the voluntary management committee. It is not rocket science.

€120 per house (plus addition costs for apartments) will be adequate to manage the estate if Winters & APCOA are out of the equation.

Zzippy

Saw a flyer recently for a new property management company, based in Briarhill I think - may be worth a Google search. They might be a viable alternative to your current management agent. Having said that, I live in another estate close by and we are very happy with Winters as management agents, the estate is very well looked after.

dustykelly

Coill Tire wrote: »

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.

SO, EGM was tonight, the Managing Agent and the Clamping received resounding approval from 99% of attendees. Majority ruling for the third AGM/EGM in a row...................... Democratic system at work!!! Whats the next step for trying to kick out the Management Company? From looking at your posts it's obvious that you are severely aligned/if not leading the opposition of MA/Clamping/Service Charge collection. As these issues have been clearly endorsed and accepted by the MEMBERS at EGM/AGM, will you now give up the ghost and accept that the majority has spoken, or will the opposition continue to cost the Mgmt Co (ordinary members) money by defending silly injunctions etc???

Nath

I also attended the EGM this evening, it was great to see the large turnout and that so many residents have an interest in the management of the estate.

It is very evident that a tiny minority of owners have a narrow self serving financial agenda which prompted this EGM to try and depose the management company in order to avoid paying mgmt fee arrears, which is not in the best interest of the estate or its residents.

This was further evident by their decision not to attend the meeting in person and instead delegate their votes to a proxy.
Ironically this spectacularly backfired as they hashed up the proxy transfer process (surprising considering all the legal jargon they had quoted in their circulars).

As a resident and home owner in Coill Tire, my opinion is that it is certainly in the best interests of the estate and its residents that a professional and experienced entity such as Winters is employed to manage the estate on behalf of its residents.

It is also my opinion that, although an inconvenience, the clamping policy is the correct one to follow for the short to medium term to force non compliant owners to pay their fair share of management fees and arrears - at the very minimum engage with the management company to enter a payment plan.

It's great to see democracy at work, I hope the requisitionists of this evening EGM finally get the message which was unanimously endorsed that residents are sick of people not paying their fair share.

Coill Tire

A democratic system is ruled by the majority, and I accept that. Recent history has shown how the majority have been voting in systems/governments in this country. History has proven in many cases that the choices made by the majority can be in their immediate interest but not always in their best interest.

Nath

Coill Tire wrote: »

A democratic system is ruled by the majority, and I accept that. Recent history has shown how the majority have been voting in systems/governments in this country. History has proven in many cases that the choices made by the majority can be in their immediate interest but not always in their best interest.

I’m glad you accept the democratic system, and you make a fair point regarding the short sighted and self-serving political decisions made in the not so distant past.
But I think some context is required here – governments in democratic systems try to avoid tough decisions in order to retain popularity to stay in power, no such agenda exists for residents voting for the management of their estate.

t54321

i was unsure how to vote at the agm last night i think winters came across very well and i am glad i went because my opinion of the management company is now very good, i was not too happy with the clamping but now i am for it...the only thing about it is that if someone that had paid their fees and get clamped there should a waiver on it, it kinda defeats the purpose of the clamping then.

sunshinw

Was in attendance at the EGM on Tuesday night. Was great to see such a good turnout!
I am an owner occupier of an apartment in Coill Tíre and have been fully paying my management fees since I purchased the property approx 3 years ago or so.
Just wanted to contribute & make a few points...

Initially, I was between two minds re the clamping issue:

I welcomed the idea of clamping as it was an incentive to get non paying owners to pay their management fees, as why should those who are compliant with their fees suffer and subsidise their non-paying counterparts?!
Also, I live close to the park and was getting sick & tired of coming home in the evenings (especially during the summer months) and having nowhere to park as the spaces were filled with cars, of parents of children using the park-the clamping issue has improved this problem greatly!

The only downside I now feel about this issue is that it can be awkward if you are having more than one visitor over at a time and feel that if somebody has paid their fees and gets clamped, there should be a waiver on this!
Another member at the EGM made a valid point that the reg number of the 'PAYING' owner/occupier should be stored by the clamping company and then perhaps only visitors would require a disc but on the other hand I hear what Winters are saying about the cost implication/administration issues of this!

I have to admit however, this was the first meeting I have attended and can't really complain about decisions made at previous AGM's (that I was too lazy to attend!

Regarding this UNNAMED individual who is non-compliant with paying their management fees...
I am aware that this person has approached other members, giving them misleading/misguided/one sided information and as a result got them to sign in order for the EGM to take place. I get the impression some of these persons may have felt pressured into signing and weren't really sure what exactly they were signing but the overall result was that an EGM took place which I feel proved a positive thing and that may result in more attendance at AGM's in the future.

Interesting to note however, that this un named person who made out that the majority of the estate wanted to get rid of winters and the clamping company was proved very wrong which was clearly displayed by the way the voting went with such a high percentage of people voting to keep the clamping company and Winters, and even more interesting to note was that this un named individual didnt even have the courage to show up to the meeting in the end-they sent somebody else on their behalf!
I know for a fact that some people who this person previously got to sign to hold the EGM voted in favour of winters and the clamping company and against the un named individuals ideas so that person's misleading information backfired-what is it people say about karma?!

One final point (I know I'm rambling on a bit now!)..
Was that un named, undated circular that was hand delivered to everyone's post box sent by this un named individual?
I felt it was very 'sneaky' not to even sign the piece of paper and that you were expected to send an email to a certain address that you didn't even know who the recipient was!

Personally, I now feel that an estate such as Coill Tíre does need a management company such as Winters, especially where there are so many apartments and town houses with common areas etc and am delighted the EGM took place!
Was great to see such good community spirit at the meeting on Tuesday evening and apart from a small minority, I am proud to be living among ye!

Sorry for the rant!

Nath

sunshinw wrote: »

Was that un named, undated circular that was hand delivered to everyone's post box sent by this un named individual?
I felt it was very 'sneaky' not to even sign the piece of paper and that you were expected to send an email to a certain address that you didn't even know who the recipient was!

The original circular delivered by that unnamed individual just had a contact email address for further information at the bottom of the page.

However, the second circular delivered (which was in response to Winters response to the original circular), included the same email address and referenced the name of the individual who spoke on behalf of the EGM requisitionists at the EGM.

sunshinw wrote: »

Was great to see such good community spirit at the meeting on Tuesday evening and apart from a small minority, I am proud to be living among ye!

Agreed, it's great to see that there is such a community spirit in the estate.
I think this EGM actually strengthened the resolve of compliant fee paying members to not accept the disgraceful behaviour of a minority.

Nath

It seems the requisitionists of this week's EGM haven't given up the ghost regarding the clamping policy in Coill Tire.

I heard that an individual was seen checking number plates and logging parking disc serial numbers in cars in the estate this week, and allegedly it was the same individual who represented the requisitionists at the EGM.

I can assume the only purpose of this is to verify that the clamping policy of ensuring vehicles had discs displayed, which had serial numbers relating to adjacent properties, was actually being enforced for all.

Perhaps this is an attempt to gather some evidence of discrimination of clamping only against the mainly non fee paying requisitionists.

For those that are not aware, there is a serial number on each parking disc that ends with the unit number of the property that the disc was issued for.
In order to prevent people from abusing the system by passing spare discs around to non fee paying residents, my understanding is the disc displayed must be issued for a property within the vicinity where the vehicle is parked (I'm open to correction on that, but that's what I believe was stated at the EGM)

I have to admit that with the communal parking policy, this aspect of the clamping policy may be difficult to enforce.

The serial number of the discs is in quite small font and difficult to read, so this individual must have been spending considerable time reading each disc serial number.

I'm slightly disappointed I didn't catch this individual checking my parking disc, he would have certainly got a piece of my mind in no uncertain terms!!