Mgt Co. imposes clamping to collect debt

hawkelady

Do some scrupulous mgmt companies still try and fine residents for noise/ hanging washing on balconies still or was that ridiculous idea only played out during the boom ??

Caranica

hawkelady wrote: »

Do some scrupulous mgmt companies still try and fine residents for noise/ hanging washing on balconies still or was that ridiculous idea only played out during the boom ??

Penalties for breach of contract do exist. People signed legal contracts, they are responsible for complying with same.

hawkelady

Caranica wrote: »

hawkelady wrote: »

Do some scrupulous mgmt companies still try and fine residents for noise/ hanging washing on balconies still or was that ridiculous idea only played out during the boom ??

Penalties for breach of contract do exist. People signed legal contracts, they are responsible for complying with same.

You're wrong. Only guards and courts can issue monetary fines.
I was issued with a fine because a tenant of mine had a late night party before. I got my solicitor onto it and I had a written letter of apology within 3 days from the mgmt company . My solicitor issued them with legal proceedings if they ever issued a " fine " again ! That and the fact there hasn't been one recorded court case of a mgmt company taking a case should tell you that no homeowner should pay a fine to a mgmt company. I can see them introducing parking permits etc but they have no entitlement to issue a monetary fine for any rule they may have.

Caranica

hawkelady wrote: »

You're wrong. Only guards and courts can issue monetary fines.
I was issued with a fine because a tenant of mine had a late night party before. I got my solicitor onto it and I had a written letter of apology within 3 days from the mgmt company . My solicitor issued them with legal proceedings if they ever issued a " fine " again ! That and the fact there hasn't been one recorded court case of a mgmt company taking a case should tell you that no homeowner should pay a fine to a mgmt company. I can see them introducing parking permits etc but they have no entitlement to issue a monetary fine for any rule they may have.

That's why I said financial penalty

JustAThought

pauliebdub wrote: »

There was a attempt to impose clamping in my estate a while back, pushed through on the sly at a poorly attended agm. There was uproar over it, very few people actually wanted it and an emergency agm was called and it was reversed.

Yes - I know of another where something like this also happened -and it was also EGM'd and stopped by the owners. These so called management agencies often the original builder or their family screwing people with an annual tax on overpriced houses that they have already been paid for while sitting on their hairy arses in offices for other companies not delivering ANY further services and unable to provide any evidence of any service being done yet rewarding themselves or their wives or children with 80 and 90k salaries from 'management fees' and bringing in clamping when homeowners who have been sweeping common areas and cleaning play areas and cutting grass for.years refuse to pay anymore. This needs to become an election issue. In the meantime politicians and some county councils are still giving planning permisssion for no cars or half a f*ing space per house -or 3 or 4 bed houses in the suburbs on next zero public transport to where jobs are -delusional. No wonder people are stressed out and suicide rates at an all time high.

Mike3549

JustAThought wrote: »

Yes - I know of another where something like this also happened -and it was also EGM'd and stopped by the owners. These so called management agencies often the original builder or their family screwing people with an annual tax on overpriced houses that they have already been paid for while sitting on their hairy arses in offices for other companies not delivering ANY further services and unable to provide any evidence of any service being done yet rewarding themselves or their wives or children with 80 and 90k salaries from 'management fees' and bringing in clamping when homeowners who have been sweeping common areas and cleaning play areas and cutting grass for.years refuse to pay anymore. This needs to become an election issue. In the meantime politicians and some county councils are still giving planning permisssion for no cars or half a f*ing space per house -or 3 or 4 bed houses in the suburbs on next zero public transport to where jobs are -delusional. No wonder people are stressed out and suicide rates at an all time high.

That was about 10 years ago, everythings changed since then. Google MUD act 2011

daheff

Does your contract of purchase permit the mgmt company to issue parking permits /impose clamping?

when you bought the property did it come with X number of parking spots? If it did, imposing clamping would be a breach of that contract and would allow you to sue the mgmt co for interferring with your right to access your parking spot.

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This post has been deleted.

Mike3549

Ah come on, YOU are the management company, you sue mngm co, you sue yourself. If you stop paying mngm fees, YOU are the one who breaks the contract. We have 1.5 parking space according to our lease. If you stop paying, you lose your permission to park. Simples. If you are not happy how people vote at AGM, well you should move your ass and go to next one.
We had clampers in our estate. It was in terrible financial situation due non payers. I had no problems with clampers cos all my fees were up to date.
A couple years later we got rid of them, cos people started to pay their fees.

hawkelady

Mike3549 wrote: »

Ah come on, YOU are the management company, you sue mngm co, you sue yourself. If you stop paying mngm fees, YOU are the one who breaks the contract. We have 1.5 parking space according to our lease. If you stop paying, you lose your permission to park. Simples. If you are not happy how people vote at AGM, well you should move your ass and go to next one.
We had clampers in our estate. It was in terrible financial situation due non payers. I had no problems with clampers cos all my fees were up to date.
A couple years later we got rid of them, cos people started to pay their fees.

1.5 parking spaces ! Christ almighty. Btw, is your .5 of a car petrol or diesel ??

Mike3549

hawkelady wrote: »

1.5 parking spaces ! Christ almighty. Btw, is your .5 of a car petrol or diesel ??

Yes 1.5, 300 units, 450 parking spaces.
Thats 1.5 each.

Lantus

hawkelady wrote:

1.5 parking spaces ! Christ almighty. Btw, is your .5 of a car petrol or diesel ??

Very common way to allocate spaces when designing blocks. Not ideal, but common.

daheff

Mike3549 wrote: »

Ah come on, YOU are the management company, you sue mngm co, you sue yourself.

No...you sue the mgmt company. While you may have a share of ownership, you are not the 100% owner, so any legal costs would go against others too.

lawred2

Hungrycol wrote: »

I couldn't attend the AGM when this was voted through. So this is a case of tough-sh!t?

yes

Annasopra

Hungrycol wrote: »

Greendoor Management company in my area have imposed car parking sanctions including clamping company and parking permits that are only provided on payment of annual subs. I pay my annual subs but I have also experienced clamping in car parks for residential areas and it's a constant headache for residents, visitors, family, service workers, carers, etc.

I'm really annoyed by this, been living there for 14 years without any parking problem and now I'm shafted those that don't pay their annual subs. I have also heard it devalues the area.

Is this normal?

You are being shafted by people not paying management fees

Annasopra

Hungrycol wrote: »

I couldn't attend the AGM when this was voted through. So this is a case of tough-sh!t?

No
Come up with a plan for some viable alternatives on making people pay fees. Persuade your neighbours who agree with you to attend the next agm. Put a good case forward at AGM to drop clamping.

padd b1975

Joeytheparrot wrote: »

No
Come up with a plan for some viable alternatives on making people pay fees. Persuade your neighbours who agree with you to attend the next agm. Put a good case forward at AGM to drop clamping.

In my block you have to ring a phone number to open the gates.
If you're behind with your fees and not engaging with Management your access is denied by this method and you have to ring the 24hr management for access.
It's a minor inconvenience but it seems to work as the arrears numbers on the yearly statement have gone way down.

markpb

hawkelady wrote: »

You're wrong. Only guards and courts can issue monetary fines.

There are plenty of legal ways around that. The M50 toll operator charge a processing fee for sending you a letter telling you that your toll payment is overdue. Likewise, Section 23.11 of the MUD Act can be helpful for dealing with reticent owners.

Where a person, who by reason of subsection (1) is obliged to comply with house rules, commits a material breach of such rules, the owners’ management company of the development concerned may recover the reasonable costs of remedying such breach from such person which costs may be recovered as a simple contract debt in a court of competent jurisdiction.

Hungrycol

This is very much a debt collection method and not a parking problem fix although with it being a houses and apartments complex there is a parking problem around the apartments, but not around the houses. I understand that it can't be imposed on part of the estate as this will push the problem to the houses and so on.

After a long and rational conversation with the management co. this week it was agreed that this was the last ditch attempt at getting contracted mgt fees from the owners. I have been assured that this will in no way inconvenience those that currently are paid up or in an agreed payment plan. Many examples (no names) of the volume of debt that owners simple won't pay and don't care "sure you'll get the money if I sell my house". Next AGM is in December and I will definitely be there, I did highlight that the AGM agenda should be on the AGM notice that is sent around which will help with attendance. The attendance at the last one is less that 5% of the units under the Mgt co for our area.

I will be keeping a close eye on this and review it. I'm still skeptical that this is an effective collection mechanism and still think, given the current rental crisis, that landlords won't give a toss where their tenants park. Time will tell.

Hungrycol

Joeytheparrot wrote: »

No
Come up with a plan for some viable alternatives on making people pay fees. Persuade your neighbours who agree with you to attend the next agm. Put a good case forward at AGM to drop clamping.

Thanks, this thread is helpful of advice on alternatives.

Hungrycol

Lantus wrote: »

Very common way to allocate spaces when designing blocks. Not ideal, but common.

I believe this is at the zoning stage and determined by the county council.

ziggyman17

hawkelady wrote: »

You're wrong. Only guards and courts can issue monetary fines.
I was issued with a fine because a tenant of mine had a late night party before. I got my solicitor onto it and I had a written letter of apology within 3 days from the mgmt company . My solicitor issued them with legal proceedings if they ever issued a " fine " again ! That and the fact there hasn't been one recorded court case of a mgmt company taking a case should tell you that no homeowner should pay a fine to a mgmt company. I can see them introducing parking permits etc but they have no entitlement to issue a monetary fine for any rule they may have.

your residents should not have had a noisey party, its landlords like yourself that annoys me, your tenants having a noisy party and yet it does not disturb your peace and quiet because you live elsewhere. You would be better off getting in better tenants than trying to get one up on the management company with your solicitors letter.. It is in the house rules about loud music and noise after a certain hour...

AndrewJRenko

Joeytheparrot wrote: »

No
Come up with a plan for some viable alternatives on making people pay fees. Persuade your neighbours who agree with you to attend the next agm. Put a good case forward at AGM to drop clamping.

And better still, get them to vote you onto the Board so you can share the responsibility of balancing the books and coming up with great solutions yourself.

hawkelady

ziggyman17 wrote: »

hawkelady wrote: »

You're wrong. Only guards and courts can issue monetary fines.
I was issued with a fine because a tenant of mine had a late night party before. I got my solicitor onto it and I had a written letter of apology within 3 days from the mgmt company . My solicitor issued them with legal proceedings if they ever issued a " fine " again ! That and the fact there hasn't been one recorded court case of a mgmt company taking a case should tell you that no homeowner should pay a fine to a mgmt company. I can see them introducing parking permits etc but they have no entitlement to issue a monetary fine for any rule they may have.

your residents should not have had a noisey party, its landlords like yourself that annoys me, your tenants having a noisy party and yet it does not disturb your peace and quiet because you live elsewhere. You would be better off getting in better tenants than trying to get one up on the management company with your solicitors letter.. It is in the house rules about loud music and noise after a certain hour...

Give over with your hyperbole ! That tenant received a written warning for that party, it's called due process and she was eventually kicked out cause she had numerous other issues ! The mgmt company was rightly called out on their crap and I hold dearly the letter of apology from them !