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Property management company

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  • 26-10-2013 1:16pm
    #1
    gral6
    Registered Users Posts: 715 ✭✭✭


    Can property management company impose a fine ?
    They say there is on the spot fine of 150 euro if tenants mount satellite dish on the balcony or dry washings.
    Thanks


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


    They can't issue a fine, but they can issue an administration charge, for dealing with problems.

    I assume that such a charge was voted in at an AGM? Did you attend/vote?


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    #3
    McCongo
    Banned (with Prison Access) Posts: 50 ✭✭McCongo


    gral6 wrote: »
    Can property management company impose a fine ?
    They say there is on the spot fine of 150 euro if tenants mount satellite dish on the balcony or dry washings.
    Thanks
    Tenants ( I presume you mean sub -tenants) have no contractual relationship with the management company. Unless provided in the lease they cannot impose one on the unit owner either. votes at the AGM cannot alter the lease.


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    #4
    Santa Cruz
    Banned (with Prison Access) Posts: 3,126 ✭✭✭Santa Cruz


    I agree. If the provision is in the lease it can be done against the property owner only . I believe I am correct in saying that it takes an E.G.M. to change a lease. All owners must be notified and many leases specify a two thirds majority in favour to change.


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    #5
    peter_dublin
    Registered Users Posts: 385 ✭✭peter_dublin


    Santa Cruz wrote: »
    I agree. If the provision is in the lease it can be done against the property owner only . I believe I am correct in saying that it takes an E.G.M. to change a lease. All owners must be notified and many leases specify a two thirds majority in favour to change.

    Yes but to answer the OP, if its in the Lease they will charge the property owner who will pass the cost to you as you are the reason the charge was registered against the owner.


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    #6
    McCongo
    Banned (with Prison Access) Posts: 50 ✭✭McCongo


    Santa Cruz wrote: »
    I agree. If the provision is in the lease it can be done against the property owner only . I believe I am correct in saying that it takes an E.G.M. to change a lease. All owners must be notified and many leases specify a two thirds majority in favour to change.

    The lease cant be changed other than by agreement with each party. A person can't enter a lease and have clauses inserted without their consent afterwards.


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    #7
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    McCongo wrote: »
    The lease cant be changed other than by agreement with each party. A person can't enter a lease and have clauses inserted without their consent afterwards.

    However many management company leases will have a clause that allows directors to make decisions in the best interest of the development. In the case as mentioned by the OP, it would probably be as a method of ensuring compliance with lease covenants and/or development rules and therefore would be considered to be in the best interest of the development to introduce administration charges.


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