Dangerous balcony. Who is responsible?

Caranica

Calling agents management companies muddies the waters totally. They are agents and management companies are (MUD) management companies. I've been a director of our MC since the owners got control of the company and I've lost count of the number of people I've encountered who don't know the difference between our management company and our management agent!

Peregrinus

MUD = multi-unit development (like a block of flats). Under the Multi-Unit Developments Act 2011, every multi-unit development is required by law to have a owners' management company which owns and maintains the common, shared areas of the development. There is a separate company for each development; the members of the company are the owners of the units in the development. That is what "MUD company" refers to.

MUD companies typically have little or no expertise, resources, etc; their members and directors are flat-owners, not builders, cleaners, gardeners, electricians, etc. So, to discharge its responsibility to manage and maintain the common areas, a MUD company will usually enter into a contract with a specialist management company which can arrange and provide all the necessary services, and also provide advice on the level of maintenance that is required or is appropriate. A management company will typically have contracts from many different MUD companies to manage and maintain the common areas in many different developments. Sometimes they are referred to as "management agents" because they manage the common areas of a development on behalf of, and as agent of, the MUD company, whose responsibility it is.

So:

• MUD company (or owners' management company), which is responsible for the management and maintenance of the common areas
• employs
• management company (or management agent) to manage and maintain the common areas.

Bass Reeves

Either can be call it. The MUD company which is technically known as the OMC or owners management company. The managing agent is a property management company so they should be refered to as an OMC and either PMC or MA ( management agents).

The reason OMC's are companies is to limit the liability of the directors

@Peregrinus

You are I correct about the skill set of OMC's. I am involved in one and on the board we have a solicitor, a Quantity Surveyor, a company manager, a waste water treatment specialist and a few other who have other skill sets.

Peregrinus

I should perhaps have said that MUD companies/OMCs don't necessarily have relevant skills represented on their boards. Its a happy coincidence if some of the unit owners have relevant skills and are willing to go on the board. The default assumptions should be that, any skill or expertise which the MUD company needs, it will have to buy.

Bass Reeves

https://www.boards.ie/discussion/comment/120549560#Comment_120549560

You will find where there are decent active companies just like your average GAA, Rowing,Rugby or other sports committee there is usually a mix of skills on board

That dose not limit the need for PMC's but it dose allow OMC's to limit and be aware of costs and if budgets are being appropriately costed

Peregrinus

https://www.boards.ie/discussion/comment/120550101#Comment_120550101

Oh, sure. I'm not suggesting that OMCs are useless, or that they are incapable of competently retaining and supervising an external management company. My point is that they do need to engage (and pay for) an external management company; while they are legally entitled to to all the property management and maintenance themselves, in reality that's not a practical option.