Management Company Refuse to give Parking Discs

footfall789

I own the property outright.

I am wondering if I can take them to the Small Claims Court .

Also am wondering if the Directors of the OMC can make a decision outside the AGM/EGM to retain my parking discs without telling me or does it have to be approved by a majority of Owners at a EGM or AGM .

davo10

footfall789 wrote: »

I own the property outright.

I am wondering if I can take them to the Small Claims Court .

Also am wondering if the Directors of the OMC can make a decision outside the AGM/EGM to retain my parking discs without telling me or does it have to be approved by a majority of Owners at a EGM or AGM .

Not sure if you can take a SCC action as you are not a consumer in this case, you are actually a member of the MC who are with holding the disc. This type of behaviour is abnormal and frankly, hard to believe. There has to be more to this story that either they suspect you are not entitled to a disc for some reason, or you are not giving us the full story.

pinkypinky

Registered letter to the home of each director asking for an explanation. Cut out the managing agent.

nim1bdeh38l2cw

Put in a Subject Access Request under GDPR to the Management Company and see what that says. It'll cost you nothing

markpb

footfall789 wrote: »

I am wondering if I can take them to the Small Claims Court .

SCC isn't relevant here. You can take almost any OMC dispute to the Circuit Court which is relatively quick and cheap.

Also am wondering if the Directors of the OMC can make a decision outside the AGM/EGM to retain my parking discs without telling me or does it have to be approved by a majority of Owners at a EGM or AGM .

Directors can absolutely make day to day decisions, that's the entire point of having a board of directors. The only decisions that must be made at the GMs are approving the budget, electing members to the board of directors and approving remuneration of the auditors.

davo10

markpb wrote: »

SCC isn't relevant here. You can take almost any OMC dispute to the Circuit Court which is relatively quick and cheap.
.

You appreciate though, by taking the MC to court, as a member of that company the op would effectively be suing himself?

wexie

footfall789 wrote: »

If I was doing something that the MC or OMC did not approve of or then they should tell me . Dont know if I told you or not but the Key fob I use to access my property were cancelled as well . I was able to get access using another residents Keyfob.

So they are effectively denying you access to the property? (assuming the keyfob is for the outside gates and or outside door)....that sounds like pretty serious and heavy handed measures for 'no sensible reason whatsoever'???

.......

Did you already engage a solicitor about this?

If so - what was the outcome?

vintagecosmos

If directors are acting improper does it fall under the ODCE?

footfall789

Ok, if the OMC directors make a decision not to give me the Parking Discs , then why wont they tell me the reason .
If its a valid and legal reason they could tell me and that would be that and I would have to deal with it .

But they wont tell me and the only reason behind that is that it must not be legal .

My Solicitor contacted OMC solicitor requesting the Parking Discs to be returned . OMC solicitor did not reply.

usernamegoes

footfall789 wrote: »

Ok, if the OMC directors make a decision not to give me the Parking Discs , then why wont they tell me the reason .
If its a valid and legal reason they could tell me and that would be that and I would have to deal with it .

But they wont tell me and the only reason behind that is that it must not be legal .

My Solicitor contacted OMC solicitor requesting the Parking Discs to be returned . OMC solicitor did not reply.

Have you made a subject access request as you have been advised?

markpb

davo10 wrote: »

You appreciate though, by taking the MC to court, as a member of that company the op would effectively be suing himself?

That's true but somewhat irrelevant. If a dispute happens between an owner and an OMC and requires a legal resolution, it can be handled by the Circuit Court. The outcome need not be money (Circuit Court is extremely unlikely to pay compensation for non-monetary loss), it could just be directing the OMC to issue a permit if there isn't a valid reason to withhold one.

vintagecosmos wrote: »

If directors are acting improper does it fall under the ODCE?

Only if their actions are in breech of the Companies Acts. Pissing off an owner/shareholder is not something that the ODCE would take much of an interest in. If they were excluding the OP from an AGM, failing to have an AGM, failing to file accounts, etc then the ODCE would get involved.

4ensic15

davo10 wrote: »

You appreciate though, by taking the MC to court, as a member of that company the op would effectively be suing himself?

That is not legally the case. A company is a legal entity distinct from its members, as distinct from an unincorporated association such as a club. It is possible some of the costs and damages awarded against the company could ultimately be charged to the o/p via service charges,

davo10

4ensic15 wrote: »

. It is possible some of the costs and damages awarded against the company could ultimately be charged to the o/p via service charges,

Possible? The MC is made up of property owners. Can you think of a reason why any costs associated with a court case taken by the op against the MC would not be passed onto the members, including the op?

Just to put this into perspective, if the op sued for a parking disc, the cost to the MC of defending such a case would be substantially more than the cost of the disc, the cost would have to be borne by the MC/members of which the op is a part of. This really is nonsense, sometimes 4ensic you have to see the wood for the trees.

Frostybrew

Is the MC subletting the parking space and apartment without the OPs consent? Or perhaps Airbnb?

Marcusm

davo10 wrote: »

Possible? The MC is made up of property owners. Can you think of a reason why any costs associated with a court case taken by the op against the MC would not be passed onto the members, including the op?

Just to put this into perspective, if the op sued for a parking disc, the cost to the MC of defending such a case would be substantially more than the cost of the disc, the cost would have to be borne by the MC/members of which the op is a part of. This really is nonsense, sometimes 4ensic you have to see the wood for the trees.

The owners right to use and enjoy the property is being arbitrarily restricted by either the managing agent and/or the directors of the OMC (taking the statements of the OP at face value). Furthermore they are not engaging with h8m or, if I read this correctly, his solicitor. In those circumstances it would be entirely appropriate to threaten and/or pursue court action to vindicate his rights. What other course of action would you suggest? Obviously any costs would have to be borne by the service charge but any right of recovery against the managing agents and/or directors would gave to be considered by the OMC if they are failing to execute their duties with reasonable skill/attention.

seamus

Frostybrew wrote: »

Is the MC subletting the parking space and apartment without the OPs consent? Or perhaps Airbnb?

MC doesn't/shouldn't have a key for the apartment.

pinkypinky wrote: »

Registered letter to the home of each director asking for an explanation. Cut out the managing agent.

I wouldn't even wait that long. I would have doorstepped the director(s) when the OP started this thread a month ago, or gone to the offices of the managing agent and refused to leave without an explanation.

OP, have you ever been in dispute with any of the directors, or with another resident?
Have you ever been in arrears on your service charges? You may be up to date on your service charges, but are you completely paid up on any penalties and legal fees you may have incurred in the past?

Raging_Ninja

seamus wrote: »

Frostybrew wrote: »

Is the MC subletting the parking space and apartment without the OPs consent? Or perhaps Airbnb?

MC doesn't/shouldn't have a key for the apartment.

pinkypinky wrote: »

Registered letter to the home of each director asking for an explanation. Cut out the managing agent.

I wouldn't even wait that long. I would have doorstepped the director(s) when the OP started this thread a month ago, or gone to the offices of the managing agent and refused to leave without an explanation.

OP, have you ever been in dispute with any of the directors, or with another resident?
Have you ever been in arrears on your service charges? You may be up to date on your service charges, but are you completely paid up on any penalties and legal fees you may have incurred in the past?

I would hazard a guess that had the OP missed out on legal fees or penalties, they would know about it and the management company wouldn't have a problem telling them this.

seamus

Raging_Ninja wrote: »

I would hazard a guess that had the OP missed out on legal fees or penalties, they would know about it and the management company wouldn't have a problem telling them this.

Sure, but they may also just not be engaging with him, because he's in dispute with them over this.
I'm saying that the OP may be perfectly well aware of why his discs have been held back, but is presenting a specific narrative here.

If we were to take everything at face value, then one or more of the directors have just decided for no reason and without warning, to pick on the OP and are conspiring with the agent and the OMC's solicitor to keep schtum about it.

That seems very unlikely. There's a big piece of the puzzle missing, and I'm fairly confident the OP's service charges are paid up, but there's a dispute over something else and he's playing dumb.

pinkypinky

seamus wrote: »

MC doesn't/shouldn't have a key for the apartment.

I wouldn't even wait that long. I would have doorstepped the director(s) when the OP started this thread a month ago, or gone to the offices of the managing agent and refused to leave without an explanation.

I suggested it on 27th July too! I don't think the OP is actually interested in our responses.

.......

seamus wrote: »

....but there's a dispute over something else and he's playing dumb.

^^ This.

uck51js9zml2yt

....... wrote: »

^^ This.

Or this thread was started by a fabled beast who lives under a bridge:)

vintagecosmos

Could be a sinking fund or fire remedial work. OP have the MC asked for any money from you in addition to the regular management fees? People are trying to help, don't take that for granted.

OldMrBrennan83

Ivory Tart Finger wrote: »

Or this thread was started by a fabled beast who lives under a bridge:)

Here we go. Boards special.

footfall789

No unpaid fees or old disputes with Management Company., no fabled beasts under the bridge, what ever that means.

Arriving at somebody's door, or offices and not leaving until i get an explanation may only invite a belt in the face or worse or a tap on the shoulder from the local friendly Police officer and give the OMC and Management Company actual grounds for stopping my parking Discs and I would be playing into their hands.

For what ever reason I am not getting the parking discs i believe the reason is not legal. If the reason was legal then they would have not difficulty in telling me in no uncertain terms that I need to sort it out or I would not be getting my parking Discs.

If it was legal the Management Company and OMC solicitor would have been writing me letters no end telling me that because of x, y and z I am not getting the parking Discs. Not a peep out of the Solicitors .

It seems really silly but i may have no other option than to take the OMC and the Management Company to Court and get it sorted, even in the basis that they wont tell me why i am not getting my Parking Discs.

vintagecosmos

For what benefit though? Is there a shortage of spaces? Is it prime city centre. Are they profiting from your discs?

4ensic15

footfall789 wrote: »

No unpaid fees or old disputes with Management Company., no fabled beasts under the bridge, what ever that means.

Arriving at somebody's door, or offices and not leaving until i get an explanation may only invite a belt in the face or worse or a tap on the shoulder from the local friendly Police officer and give the OMC and Management Company actual grounds for stopping my parking Discs and I would be playing into their hands.

For what ever reason I am not getting the parking discs i believe the reason is not legal. If the reason was legal then they would have not difficulty in telling me in no uncertain terms that I need to sort it out or I would not be getting my parking Discs.

If it was legal the Management Company and OMC solicitor would have been writing me letters no end telling me that because of x, y and z I am not getting the parking Discs. Not a peep out of the Solicitors .

It seems really silly but i may have no other option than to take the OMC and the Management Company to Court and get it sorted, even in the basis that they wont tell me why i am not getting my Parking Discs.

A person in such a situation approach a court case on the basis they are wrongly withholding your discs, seeking an injunction and compensatory damages. It would then be up to them to justify their behaviour.

STB.

@ The OP. Any chance that the disc did issue and that someone has been dipping your post!!!


Do these discs have individual numbers ?


Do you have a pre-assigned spaces ? Who is parking in your space ?

jd

No issues with the mortgage payments? No threat of a receiver or anything like that. OP?

.......

footfall789 wrote: »

...or worse or a tap on the shoulder from the local friendly Police officer

Is this happening in the UK or Ireland?