Discussion in 'Management companies, apartments, etc.' started by R3alEstate, 8 Dec 2018.
it's so true but also so difficult in some cases
I've some clarification regarding this situation. I didn't have all the information but after what my friend told me I think there is definitely something shady here.
Apparently there is an OMC and the developer's sons are the directors: they are not technically the developer. It's also interesting that this situation is going on for years now and they keep apartments in the estate just to be able to be the OMC directors. They don't sell or rent these apartments!
The only reason I can think of could be that they have an economic advantage in doing so!
The question is: is my friend entitled to see the receipts for the services that they say have been paid? If yes how to do it and what to do if them don't collaborate?
Your friend should get the annual budget once a year before the AGM which gives all this information. Btw how do you know about this information regarding the builder and his sons. Either way your friend needs to turn up to the AGM and ask these questions anyway AND lobby the person/people who told him/her this story to be there as well.
She told me, it's not a secret in the estate, they have the same name! The document they send is a list of expenses, no receipts.
Hello, I recommend what the other posters mentioned previously. Your friend seriously needs to get informed of rules, regulations and owners rights re management company law of the developement she is a member of as she owns a property there.
Im assuming she has a mortgage on her property? She then knows the hoops she had to jump through to get the mortgage. Then the exact same responsibility rests with her in relation to this management Company she is a shareholder/member of.
Thats right- she is an equal "shareholder" of the Owners Management Company that collectively "own" the developement they all live and own properties in.
She has the law on her side, she needs to use it to her advantage and band together with her neighbours/other property owners and get the better of developers and sons who are walking all over her through her ignorance and timidity of the situation.
I can ussure you, when your friend- or maybe is it you?- whose in this situation, get informed and band together, then start asking the right questions etc, the developer and sons wont know what hit them! Then developer/sons will be very surprised that they are no longer dealing with sleeping sheep-which your friend and other property owners are- and are dealing with on the ball people, the rug will be pulled out from under then!
THE most important note to take from all this is.... your friend and other owners/neighbours have EQUAL right under Management company law as the developer and sons!!! Your friend should get herself OUT of the Victim mentality this situation and get in the frame of mind that she has every Right to DEMAND ANSWERS to her questions over the way the developement is run!!
First advice is she contacts her solicitor-if she has one- phone solicitor on Monday morning to ask them do they familiar with Property Law relating to Multi Occupancy Develeopements, basically the developement she lives in. If they do/dont kniw, ask them to recommend to her a solicitor that does, cos she wants to get informed of her rights and responsibilities under the law AND she wants Advice in HOW to get information from the Management Company that developer controls.
Btw ALL solicitors have basic understand of law of these developements, however obviously there are some solicitors who'd be more up to date in this stuff.
Also itd good idea to eventually get a "bulldog" type of solicitor on your friends side to act as advisor to her and her neighbours/other owners in this developement rather than a timid type if solicitor!
I know cos I was in Exact same situation as your friend! When you get informed legally about something and confront the bullys, and take power back to yourself, the sense of personal empowerment is huge!!
Your friend needs to get with the programme and get answers, no more victim blaming/moaning for herself! As the other posters said earlier, she Needs to get Organised with the other owners, get out there, knock on doors, talk to the others.
Then again if this course of action that I'm suggesting is too much for her, she at least needs to get talking to her neighbours, identify the peoperty owners apart from renting tenants and then she will get others to join her and collectively together they can and will get ontop of this situation.
Directly. I am not in disagreement with your post at all in the scenario that is being discussed. I have written before on an issue about a Management Co. that were originally set up to run a small estate comprising 3 blocks of 10 apartments and 20 houses. All buildings were finished and water and sewerage were connected and the landscaping finished. Roadways were not finished (Final surface not put on). Lighting not done and the appropriate certification of quality of roadway, sewerage certification and water piping have not been certified to the Co.Co. (came under heading of unfinished estate.
Problems. Developers company went burst (no assets). Then Developer died suddenly. Developer had dragged his heels handing over common areas to the "management company" for about 6 years before he died. Common areas would appear to be in the name of the burst development company. Common areas would appear in hindsight to need a lot of sorting legally also.
Directors of management co were also directors of development co. The directors illegally tried to collect Management fees and for a few years succeded in doing so. Son replaced father as Dr of Management co (illegally) after father's death. Wife of developer stayed on the Management Co. but showed no interest They intimidated people enough not to get involved in the "OMC". There were too many owners not prepared to do anything as well.
Current situation. Co. Co. not interested in finishing and taking over the estate ( less than €100,00 would finish it ) as well as the reasons given before as there was at all times and up to now no co-operation whatsoever with the devlopers even in hading over the common areas. Management Co. has been struck off by revenue. ( not filing returns). It luckily is a low maintenance estate. No common areas within the apartments. Of course there is no insurance. An absolute mess. There should be some legal safeguards for purchasers in an above type scenario.
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