wayoutwhest
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Sounds great in the text here, but I am not so sure how close to reality this process is for many owners' lived experiences.
Key Post Do you want to do something about the way your apartment development is being managed?
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I agree. Many owners lived experiences is not to take an active role in their owner's management company. The process I outlined is very doable and is much more preferable to complaining and being frustrated at the service being provided. Yes it involves a bit of work at the outset, but once you have a trustworthy managing agent the process becomes much easier. I spend about an hour a month on my role now and a bit more coming up the the AGM and before an audit.
Annieindublin
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I planned to get involved as you outlined, but at the last minute I wasn’t able to make it to the AGM. But I did talk to a neighbour and he was also planning to sign up and get involved and hopefully next year I’ll be able to get stuck in. In the meantime I do contact the agents if needed.
Whiteglass_ale
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How is this done, Our managing agent has been over the OMC for the last 15 years and asking for anything to be done is a nightmare.
I dont have faith in them, but I assume they have to request this to the bank or what is the process?
What do you mean by this? If anything it's the other way around. The management company is "over" the management agent/agency since the management company contracts and instructs the agent to carry out the day to day management issues.
If you want to change agent then you'll need to bring it up at a general meeting of the management company and maybe see if you can get a motion to that effect voted on.
Or maybe even get involved in terms of running for a position on the board.
Whiteglass_ale
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Sorry I suppose my choice of words were wrong, I mean that the current managing agent is the one chosen by the OMC for the last 15 years. I have got involved as I dont see the value of the current managing agent. They have not taken any direction we have given, and at times they have made decisions without consultation and at times in contradiction to the boards wishes.
I am a director the last 2 years, hence trying to clean things up.
Our current managing agents run it all and when I ask for things they are very relocatant, hence my question of how do we go about removing the managing agent from control of the accounts as I know currently they are paying out things with no questions asked.
Check the memorandum and articles of association of your management company and the MUD legislation?
And convene a meeting of the board of directors to sit down and discuss your concerns and maybe sit down with the management agent and thrash things out and take back control of stuff like signing off on certain expenditure.
Whiteglass_ale
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You must have a much better relationship with your managing agent than we do with ours. Ignoring emails, spending money without approvals etc
I'm not a director so I don't know anything about my management company's dealings at board level with the management agent. I'm just a member of the management company. From that perspective I find the management agent fine and responsive to any queries that I've ever had. I guess that the directors are happy with them too because they've engaged the same agent for a long time now.
This is something that you and the other directors of your management company need to sort out so. The agent is contracted by the management company so the power rests with the management company. If the agent isn't fulfilling their contractual obligations then your management company should probably consider contracting a different one.
Whiteglass_ale
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Yep, thats what Im working on now but there's always a battle
I don't understand why. If the management agent is obviously unsatisfactory then that should be obvious to the board of directors of the management company who can, and indeed probably must, in their roles as directors, take steps to rectify the situation.
Whiteglass_ale
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Yes this is my problem, there has been 3 directors for many years who have just done nothing, even though they agree the managing agent is poor, they are worried about "firing" the current one and Im explaining that its not firing. Like any service provider if you are not happy and out of contract, shop around.
Things have been done very poorly for a long time by the looks of it, and its why Im involved to get things on track.
According to this:
gallagherpm.ie
What do Owners Management Company's do? - Gallagher Property Management
How do Owners Management Company's work?In a multi-unit development, the Owners’ Management Company legally owns the common areas of the development and is responsible for their upkeep. When someone buys a property in a complex with an Owners Management Company they are buying a share of that...
gallagherpm.ie
So I requested contact details of all my fellow members of the management company from the management agent and was told 'Due to GDPR' they're unable to provide them. Has anyone successfully managed to argue this with a link to a definitive ruling of what a register of fellow members is ? I'm reluctant to quote a management agent online as my source for the moment.
Whiteglass_ale
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A lot of people that do not understand GDPR always use "Due to GDPR" saying. You should be entitled to access to the register of members under the Companies Acts is my understanding. Now this wouldn't include contact details.
Yes. And the first answer of the OMC is often no for gdpr reason
Unfortunately that would defeat the purpose (in my case). Ironically I'm pretty sure I got a doc when I joined with the names and their contact details but I can't find it.
From the data protection commissioner
Failure to comply with section 216 of the Companies Act is an offence for the company any company officer in default.
The company is obliged to make the register available for inspection, and must, when requested provide copies of the register, or copies of parts requested.The following particulars must be entered in the register:
the names of the members
the addresses of the members
a statement of the shares held by each member, distinguishing each share by itsnumber so long as the share has a number, and of the amount paid or agreed to beconsidered as paid on the shares of each member;
the date at which each person was entered in the register as a member; and
the date at which any person ceased to be a member
So yes, you are entitled for name and address to contact the members. You'd think Management Agents would know better at this stage.
Failure to comply with section 216 of the Companies Act is an offence for the company any company officer in default.
The company is obliged to make the register available for inspection, and must, when requested provide copies of the register, or copies of parts requested.The following particulars must be entered in the register:
the names of the members
the addresses of the members
a statement of the shares held by each member, distinguishing each share by itsnumber so long as the share has a number, and of the amount paid or agreed to beconsidered as paid on the shares of each member;
the date at which each person was entered in the register as a member; and
the date at which any person ceased to be a member
So yes, you are entitled for name and address to contact the members. You'd think Management Agents would know better at this stage.
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