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Estate Management Company blocking access to my apartment

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  • 16-07-2014 10:07pm
    #1
    Babyface 777
    Registered Users Posts: 4 ✭


    My estate management company have just advised that they are fitting fobs to the entrance areas of my apartment block on Monday next. Any residents that are in arrears in their management fees are being blocked from accessing their homes from Monday onwards, surely this is not lawful?


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    #2
    Atlantic Dawn
    Registered Users Posts: 82,682 ✭✭✭✭Atlantic Dawn
    M


    It will be in your contract that you signed upon purchase and/or the rules agreed at management company AGM's, see what applies.


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    #3
    Babyface 777
    Registered Users Posts: 4 ✭Babyface 777


    Atlantic Dawn wrote: »
    It will be in your contract that you signed upon purchase and/or the rules agreed at management company AGM's, see what applies.

    Thanks for the reply but surely it is not lawful to block someone access to their home?


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    #4
    Gumbo
    Moderators, Society & Culture Moderators Posts: 39,395 Mod ✭✭✭✭Gumbo


    Surely it's unlawful not to pay your management fees as you signed the contract when buying the place?

    Our place don't issue parking permits to residents who don't pay the management fees or enter a payment plan. So hence, they get clamped.


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    #5
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    Babyface 777 wrote: »
    Thanks for the reply but surely it is not lawful to block someone access to their home?

    You only have a lease on your apartment, albeit a long lease, likely 999 years. You need to comply with that lease, not paying fees is non compliance. The lease will detail what the repercussions are. Your solicitor should have explained this to you at purchase.


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    #6
    jd
    Registered Users Posts: 5,700 ✭✭✭jd


    Babyface 777 wrote: »
    My estate management company have just advised that they are fitting fobs to the entrance areas of my apartment block on Monday next. Any residents that are in arrears in their management fees are being blocked from accessing their homes from Monday onwards, surely this is not lawful?

    Have you not tried to arrange some type of payment plan? The other owners obviously don't want to subsidise non-payers any more.


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    #7
    tricky D
    Closed Accounts Posts: 9,700 ✭✭✭tricky D


    Moved to Accommodation & Property


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    #8
    DizzyDamsel
    Registered Users Posts: 52 ✭✭DizzyDamsel


    That seems a bit harsh, 'blocking access to your apartment' ...I don't think they can do that! but you will have to pay any management-fees that are due.... you may go for years without paying and when it comes to selling the apartment all MF will be ducted from the sale.


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    #9
    28064212
    Registered Users Posts: 10,634 ✭✭✭✭28064212


    Your management company is elected by you. You want to change your management company policies, get elected to the board of directors

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    #10
    Snake
    Closed Accounts Posts: 1,844 ✭✭✭Snake


    No it's not legal, you can't render a person homeless but pay the fees you owe, if


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    #11
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    DizzyDamsel wrote: »
    That seems a bit harsh, 'blocking access to your apartment' ...I don't think they can do that! but you will have to pay any management-fees that are due.... you may go for years without paying and when it comes to selling the apartment all MF will be ducted from the sale.

    May be detailed in their lease that access to common areas will be withdrawn if the lease isn't complied with. Sounds like the OP needs to access their apartment through common areas.

    There are options open to Management Companies other than just waiting for the apartment to be sold to collect fees, withdrawal of access to common areas and services is becoming increasingly common.


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    #12
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    28064212 wrote: »
    Your management company is elected by you. You want to change your management company policies, get elected to the board of directors

    No it's not. The management company is the legal entity comprising all owners in the development. If the OP is in fee arrears they would not be eligible for election as a director. Management company directors have to act in the best interest of the company ie all owners at all times. They owe it to the compliant owners to take all steps possible to collect fees.


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    #13
    Babyface 777
    Registered Users Posts: 4 ✭Babyface 777


    kceire wrote: »
    Surely it's unlawful not to pay your management fees as you signed the contract when buying the place?

    Our place don't issue parking permits to residents who don't pay the management fees or enter a payment plan. So hence, they get clamped.

    I agree management fees should be paid as per contract, however there is a legal process that should be followed, refusing access to your home is not the answer. I simply have not had the funds to pay my fees. Does anyone have any recent experience of legal action to stop this happening?


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    #14
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    Babyface 777 wrote: »
    I agree management fees should be paid as per contract, however there is a legal process that should be followed, refusing access to your home is not the answer. I simply have not had the funds to pay my fees. Does anyone have any recent experience of legal action to stop this happening?

    Your lease is the answer here, you need to study it carefully. See what it says about what will happen in the event of fees not being paid.


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    #15
    The_Morrigan
    Registered Users Posts: 9,368 ✭✭✭The_Morrigan


    Babyface 777 wrote: »
    I agree management fees should be paid as per contract, however there is a legal process that should be followed, refusing access to your home is not the answer. I simply have not had the funds to pay my fees. Does anyone have any recent experience of legal action to stop this happening?

    If you want legal advice please go to a solicitor, it's against the charter to seek or provide such advice here.


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    #16
    DizzyDamsel
    Registered Users Posts: 52 ✭✭DizzyDamsel


    athtrasna wrote: »
    May be detailed in their lease that access to common areas will be withdrawn if the lease isn't complied with. Sounds like the OP needs to access their apartment through common areas.

    There are options open to Management Companies other than just waiting for the apartment to be sold to collect fees, withdrawal of access to common areas and services is becoming increasingly common.

    Common areas are pretty easy to get into...... In my apartment block they changed the car-park access from swipe-card access to a mobile phone code and if you were behind with your M-Fee's you wont get the code number unless you came to an agreement to pay M-fees.


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    #17
    john the one
    Registered Users Posts: 1,750 ✭✭✭john the one


    Obviously the right thing to do I'd pay the fees but for all we know, the management company may not be fulfilling commitments they made to the tenants.

    What will happen when a neighbour "loses" a fob or needs a "spare" one for a child minder/tenant/oh.

    Surely you can come up with some way of getting one from your neighbours.


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    #18
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    john the one wrote: »
    Obviously the right thing to do I'd pay the fees but for all we know, the management company may not be fulfilling commitments they made to the tenants.

    The management company is a legal body that owns all common areas. The management company hire a management agent to administer the day to day running of the development.

    The management company does not have commitments other than to maintain management company property including any services detailed in the lease (usually administered by the agent hired for this purpose). Again I say, the lease is key here.


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    #19
    JustAThought
    Registered Users Posts: 5,324 ✭✭✭JustAThought


    Id get on to focus Ireland & get them to help you.

    Are the management company /agent compliant in performing all their duties - managing cleaning, SINK FUND provision for the overall property, proving ing timely responses , fire safety officer available 24/7, etc - if not you might have s strong case .... Either way, you can't be the only person in this situation - often these companies are owned or controlled by the builder ... You'll get little joy there... Focus or citizens advice centres for free legal ....


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    #20
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    JustAThought wrote: »
    Id get on to focus Ireland & get them to help you.

    Are the management company /agent compliant in performing all their duties - managing cleaning, SINK FUND provision for the overall property, proving ing timely responses , fire safety officer available 24/7, etc - if not you might have s strong case .... Either way, you can't be the only person in this situation - often these companies are owned or controlled by the builder ... You'll get little joy there... Focus or citizens advice centres for free legal ....

    How is the management company supposed to pay for services if people don't pay their fees. You're giving the OP false hope in suggesting a case can be made on this basis.


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    #21
    Paulw
    Registered Users Posts: 13,381 ✭✭✭✭Paulw


    It's actually very simple - the OP needs to come to an agreed payment plan with the management company.

    If the OP believes they don't need to pay, then the OP should go see a solicitor (who will also tell the OP to come to a payment agreement).

    If you stop paying your electricity bill, your power will be cut. If you stop paying your gas bill, your gas will be cut ... why are people surprised when services/access is cut when they don't pay their management fees??

    Reduce your outgoing payments in order to pay your management fees. Things like TV service, internet service, etc. It's surprising how many people think these more important than paying their management fees.

    If you need help to manage your funds, then seek help from MABS.


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    #22
    markpb
    Registered Users Posts: 9,309 ✭✭✭markpb


    JustAThought wrote: »
    Id get on to focus Ireland & get them to help you.

    Are the management company /agent compliant in performing all their duties - managing cleaning, SINK FUND provision for the overall property, proving ing timely responses , fire safety officer available 24/7, etc - if not you might have s strong case .... Either way, you can't be the only person in this situation - often these companies are owned or controlled by the builder ... You'll get little joy there... Focus or citizens advice centres for free legal ....

    You might be right but there was a case in the Dublin circuit court last year where a judge refused to hear testimony from the defendant relating the failings of their management company as a defence for not paying their service charge. He told them if they had a grievance, to take a separate court case. The he ruled against them and told the to pay their service charge.


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    #23
    BookBook
    Registered Users Posts: 99 ✭✭BookBook


    If this is Royal Canal Park is there not a key you can use instead of the keycode or new fob?


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    #24
    seamus
    Registered Users Posts: 68,317 ✭✭✭✭seamus


    The access to your apartment could probably be considered an easement under law, which means that the management company are not permitted to block your access to your property. In effect it would be like having a shared laneway entrance to your property that one day your neighbour decides to erect a gate, lock it and not give you a key for the lock.

    Can you demand a key fob? I think so, undoubtedly. But it's a civil matter that you'd have to pursue in court. It would be quicker and cheaper to just pay your management fee.


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