Question:
Dear Elaine,
My husband and I bought an apartment 12 years ago. We pay a hefty service charge of €1600 per year. Over the past 2 -3 years a number of problems have occurred. There has been damage to our car, antisocial behaviour in the common areas, bins not being collected, the list goes on and on. I have lost count of the amount of calls, emails and letters I have sent to the management company. When I do get a response from the management company, it is usually a smart answer and never results in them taking any action. It is really taking a toll and has effected myself and my husband physically and emotionally. Any advice would be greatly appreciated.
S.
Answer:
This is a very frustrating, and unfortunately common situation to be in. The board of directors of a management company are usually residents of the apartment complex and their role is voluntary. It is for this reason that they often don’t engage with other owners individually. If there is an agent working on behalf of the management company you should contact them directly. You have not mentioned whether or not you have raised your queries at the annual general meeting. If you haven’t already I would advise that you attend the meeting and raise your queries. You might also consider putting yourself forward to become a director of the management company. Prior to the annual general meeting you should canvas the other owner occupier residents to see if they are experiencing the same problems, you could collectively put your heads together to address the issues. Although a costly option, you may wish to consider instructing a solicitor if problems persist. A solicitor can apply to the Circuit Court pursuant to Section 24 of the MUD Act, which provides broad powers to the court to make Orders to enforce the rights of the respective parties in resolving any dispute in relation to a multi-unit developments.
