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Management company

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  • 14-09-2022 11:14pm
    #1
    naughtyboy
    Registered Users Posts: 191 ✭✭


    I have an apartment I own in a complex. The ground floor are commercial and next 5 floors residential

    The owners management company consists only of the apartment owners

    The commercial units are not in the management company and do not pay management fees , they Contribute to the insurance policy only

    How is this correct, it surley Is not legal that they are exempted.

    Should they not be members too.

    Can someone help please

    Thanks



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    #2
    Claw Hammer
    Registered Users Posts: 6,236 ✭✭✭Claw Hammer


    What does your lease say? Do the commercial occupants receive any services? Do they access any common areas?



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    #3
    Maz2016
    Registered Users Posts: 1,112 ✭✭✭Maz2016


    https://www.boards.ie/discussion/2058263418/management-company

    I don’t see the issue. They wouldn’t be members as they don’t use or avail of the common areas- lifts, electric, cleaning, maintenance etc etc. why would they have a vote if a new carpet needs to go down on the stairs or the mailboxes need replacing etc.

    They pay insurance because god forbid if there was a fire in their unit and it spread to apartments or vice-versa ; the management company would go under if they didn’t have such insurance and this were to happen.

    also, the commercial units would have their own refuse collection etc

    Some mixed use developments would have a management company that covers both commercial and residential, more (particularly ones with no gardens/ground maintenance would have it for apartments only and the commercial would be exempt.



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    #4
    naughtyboy
    Registered Users Posts: 191 ✭✭naughtyboy


    To answer the above we share the same roof the same for the facade the same internal services like piping etc

    The sinking fund is to protect the building , they don't contribute



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    #5
    naughtyboy
    Registered Users Posts: 191 ✭✭naughtyboy


    https://www.boards.ie/discussion/comment/119621621#Comment_119621621

    The roof, the building itself, they are in the same building

    Sinking funds are needed to protect the building they don't pay anything



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    #6
    Claw Hammer
    Registered Users Posts: 6,236 ✭✭✭Claw Hammer


    Presumably they have reparing obligations in respect of their own units.



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    #7
    mvt
    Registered Users Posts: 473 ✭✭mvt


    Don't know the answer but would be thinking the same as the OP.

    Maybe it's a bit like the way a ground floor apt contribute the same percentage for the upkeep of the lift as an apt on the top floor.

    This is the idea of being a member of the MC otherwise everyone would be claiming some sort of exemption.



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    #8
    Jmc25
    Registered Users Posts: 299 ✭✭Jmc25


    Is it possible the developer owns/ owned those units when drawing up the leases/setting up the management company, gave themselves favourable terms?

    I owned an apartment in a development which includes commercial units and the commercial units were part of the management company and contributed to the sinking fund. Their fees were less per square foot than the apartments as they didn't contribute to some expenses for services they didn't use, but overall it seemed a reasonably fair arrangement.



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    #9
    naughtyboy
    Registered Users Posts: 191 ✭✭naughtyboy


    https://www.boards.ie/discussion/comment/119661631#Comment_119661631

    The answer is yes , the developer and the owner of the commercial units are the one and same

    Currently not in the management company and not contributing to anything bar insurance

    I want them in as they should be contributing to sinking fund and to general building repairs

    We pay 2k per annum in management fees and they pay zero , they make up a quarter of the whole building and should be paying at least 5k per annum in my book

    We have no sinking fund, the management company Is bascially broke

    We have decided to get solicitors in



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    #10
    AndrewJRenko
    Registered Users Posts: 28,965 ✭✭✭✭AndrewJRenko


    https://www.boards.ie/discussion/comment/119662217#Comment_119662217

    Contact these guys for advice; https://apartmentownersnetwork.org/



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