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Can the OMC make you take part in a remediation survey inside your apartment if you refuse to

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  • 15-04-2023 9:54pm
    #1
    [Deleted User]
    Posts: 0 ✭✭✭


    I want to wait until the government are actually paying out on the remediation scheme but the board directors

    have said surveys are going to be conducted in the complex to price the remediation work.

    They are saying that they want to get some sample surveys done and then they'll bring it to the AGM and see if they decide to get the work done and charge a levy.

    Can they charge a levy on an apartment if the survey hasnt been done on that apartment?



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    #2
    dennyk
    Registered Users Posts: 1,690 ✭✭✭dennyk


    This will likely depend on your OMC's house rules and constitution. Usually the house rules will have some provision for the management company or its agents to access a unit in emergencies if required (e.g. to make critical repairs to address an immediate risk to other units or the fabric of the building). Whether this situation would fall under the provision in your OMC's house rules will depend on the rules themselves and exactly how critical the remediation works are.

    In most cases they can charge unit owners a levy if it is approved by a majority of the owners who attend the AGM or EGM where said levy is proposed. Refusing access to your unit for a survey won't get you off the hook if the OMC votes to go ahead with remediation works and pay for them via a levy; you will still have to pay regardless. Allowing them access to conduct the survey will help them more accurately estimate the cost of remediation, however, so it would be to your benefit, and you'd really gain nothing by refusing access.

    If the remediation works involve something important like fire safety or the structural integrity of the building, it would certainly be in your best interest as an owner to have those resolved as soon as possible, and not wait on a government scheme to address the issue.



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    #3
    Claw Hammer
    Registered Users Posts: 6,211 ✭✭✭Claw Hammer


    It depends on the terms of the lease, not the house rules. The lease will have a clause allowing the OMC to inspect the apartment and will have to right to maintain what it owns which will be the walls floors and ceilings of the apartment. As a leaseholder you will be liable for any outlay incurred by the OMC in maintaining its building. If you want to be an independent republic, but a detached house on its own land with no OMC.



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