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Management agent issues

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  • 22-11-2012 12:46am
    #1
    Mrs W
    Registered Users Posts: 307 ✭✭


    Hi, I'm the director of our management company and we've been having some problems with our agent. They were appointed by the developers and haven't really been working in our interest since the beginning. They were meant to be following up on the handover files, fire certs etc but kept giving excuses. Only for one of the other directors practically hounding the developer to do the extra work needed to get the fire cert (which they didn't do in the first place) the owners would have been liable for a bill of 100k.
    They allowed a massive build up of arrears in management fees, gave away communal areas as parking spaces and use contractor friends of theirs who charge extortionate rates for any work that needs to be done.
    We want to get rid of them and appoint new agents but we have a few problems.
    I am the only director from 40 apartments, the other 2 directors are from the 10 houses, they pay a lot less in fees than us, are good friends with the agent and get a lot of work from him (including our development so they get paid more from us than they pay in fees) there are a few of us owners in agreement about appointing new agents but think the other 2 directors might try stop it.
    We have the AGM next week so can I ask that it be put out to tender to other agencies? How much of a majority or votes would I need?
    Is it one vote per person there or per unit (I have 3)
    I have another few owners in agreement with me but some are in arrears, do they still have a vote?
    We would need the new agent to begin in January so can we invite companies to tender by x date and appoint them in such a tight timeline or is there minimum periods we have to use?
    I have been reading up on the ODCE and IPOA websites but I just want to be sure of my info before we try to do this.
    Thanks


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    #2
    Paulw
    Registered Users Posts: 13,381 ✭✭✭✭Paulw


    In short, there are no easy answers.

    One vote per person. Persons in arrears generally have no vote at an AGM, but that will all depend on your Lease Contract and Articles of Association of your management company. A majority is a majority, unless otherwise specified in your management company documents.

    Yes, you should put it up for vote, and also tender for a new agent. Start the process now. Meet as many agents as you can, but more importantly, get references from the agents. Check out other developments they run (check neighbours.ie or here for such).


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