OMC not holding AGM or publishing accounts/financial statements this year - concern also re complex maintenance

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HI! Zenith,, yes, just looking at it now and it says Director Nomination Form.

Tnegun, so the OMC is within bounds to send the Directors Nomination Form to myself and my friend, we were going to nominate each other as Directors - it literally says 'wish to nominate ...' What has been your experience of being part of the OMC and did you feel you could make a difference?

The only items on the agenda are last AGM and Matters Arising - that was 18 months ago, receiving and adopting the audited accounts for year ended 30/04/24, the reappointment of directors (I feel this is presumptuous and should say reappointing directors and appointing new directors/other directors if interested. There are only two directors currently. Management Agent Budget 2026/26 which seems to be based on 2024 figures and sinking fund and transfer of common areas - apparently the land on which the apartments are built has not been transferred from original owner of the land who died fairly recently - estate in Probate - apartments are from 2004. Nothing for any other business.
 
Mothergoose said:
What has been your experience of being part of the OMC and did you feel you could make a difference?
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I did it for our place and actually quite enjoyed the first few years as we worked to get the Common Areas transferred, dealt with fire safety issues, negotiated with non-paying owners etc. I think I am probably the outlier who would enjoy that, but if you’re up for it you can make a positive change for sure. Go in with an open mind but be aware that being a Director of a company comes with numerous quite serious obligations, so you cannot sit back if it turns out things are not above board. Make sure Directors insurance is in-place as a first order of business.
 
My experience is mixed, we've been able to make a lot of positive changes and also uncovered a lot of poor governance and mismanagement from previous years e.g. No sinking fund in a 20 year old development!. There's not much we can do about it other than try to put that right.
We've had a few shouters at AGMs too typically, they cannot understand how an OMC works that's probably the worst element but thankfully other members have put them in their place and most are very thankful that a few of us give up our time to run the place, overall we've been able to improve and make things better so I would say its worth it.
 
Thanks, Zenith, that's good advice. I don't want to go in as a bull in a chins shop, but I want the managing agent to respond in a timely manner a week or two to correspondence.

I have this feeling that he thought my friend and I were safer being directors- he was very eager to have us on board but now has gone silent - rather than have two very vocal members who were in regular contact with a lot of other members, and who were the go to people to speak up

What are SLA'S

I presume my friend and I should at least have an email address for the other directors?

I realise the gardening is expensive- it's actually a very small area and the charge for it is 17k. They are supposed to cut the hedges each year but it wasn't done last year at all. Bord Gais were doing some works in the grounds of the complex, some plants were torn up and never replaced, weeding is poor, only done 3 times per year.

Also, is there a time limit on forwarding B11 Forms to Companies Office. Elected at AGM over two weeks ago but Companies Office haven't received the forms - I though there was something about needing to be in in 14 days.
 
Mothergoose said:
What are SLA'S
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Service Level Agreement. There should be a contract with all providers and it should list what they are going to do for the company, this protects both parties. There may well not be one, but asking about it is just one more way to start ratcheting up pressure.

Mothergoose said:
I presume my friend and I should at least have an email address for the other directors?
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100% but again I'd try to feign patience and understanding initially at least. Not only must you have the contact details of the Directors but there should also be a company members (owners) register with their contact details also.

Mothergoose said:
Also, is there a time limit on forwarding B11 Forms to Companies Office. Elected at AGM over two weeks ago but Companies Office haven't received the forms - I though there was something about needing to be in in 14 days.
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Yes 14 days (https://cro.ie/post-registration/company-post/officer-change/) but it's not really that uncommon for that kind of thing to take a little longer. But just to be clear, you are already a Director of the company, that happened when you were voted in at the AGM. The CRO are just a registrar, essentially a central database of all this information.
 
Thanks, Zenith. I have the owners/members register - again given very reluctantly by the managing agent - only given when I pointed him to the relevant legislation that he was obliged tp provide us with the information.

Are there any penalties for bot being registered as directors with 14 days?
 
Jdwec - it was the income and expenditure for 2023 and 2024, and the proposed budget for 25/26 was based on this. There were some items like block doors that was put in as an expense for both 2023 and 2024 as apparently to replace all 4 is about 32k, so they are putting in 4k per year. The accounts weren't particularly detailed. The block insurance had gone up 8k from 2023.

What's really a little odd is that the managing agent says he has difficulty getting quotes for composite front doors for the blocks.He said very few do composite doors for the commercial market.He keeps going back to a well known company that does do both residential and commercial but has been in the media a lot for poor customer service and the quality of their workmanship. He has been trying to get 3 quotes for the last 2 years. Is getting such quotes something I can take over or not?

Matepac, I presume the registers of members and directors are held at the managing agent's registered address which is also the OMC address?
 
Mothergoose said:
Are there any penalties for bot being registered as directors with 14 days?
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I'm sure there are others more in-the-know, but I have filed many that were long long past 14 days. I could be wrong but my guess is that it would only become an issue if somebody challenged the OMC on it.

Regarding the front doors we actually had the same thing in our block, it was exceptionally difficult to get quotes. The Management Agent works for the OMC which is run by the Directors, you as a Director can absolutely go and get quotes for replacement of the doors, most Agents would be delighted not to have to do the work.
 
Thanks, Zenith. I will get the third quote. I know another company that foes composite doors for the commercial market.
 
Mothergoose said:
The block insurance had gone up 8k from 2023.
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It depends the development involved. Our block insurance was reviewed a couple of years ago as the rebuilding costs had not been increased for years (which is a very bad idea). The insurance cost doubled.
 
@Mothergoose It sounds more and more as if you are paying for a dog and doing a lot of barking yourselves. Review their contract and then sack them if performance is as poor as it sounds from your posts.
Mothergoose said:
Matepac, I presume the registers of members and directors are held at the managing agent's registered address which is also the OMC address?
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Make no presumptions - I suggest you find out
 
Thanks, Mathepac, I will find out about the registers. It has been dec8ded at the AGM to bring the AGM back to it's original time of May next year, so the management agent has 7 or so months to.improve or both myself and my friend who are both now directors will be suggesting a change to the rest of the Board and the members.
 
Do you have a copy of the Articles and Constitution of the OMC? It should define how to properly hold a Board Meeting, like how much notice is required and what the quorum is.

It would obviously be better if the others would show up so you can learn from them, but if the quorum is 2 then you just need to invite everybody but if his the two of you show up you can go ahead and make decisions. Take minutes (noting attendees etc) and share with the other Directors afterward.

Could be a blessing in disguise tbh.
 
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