As an owner of an apartment in a South Dublin development since the 1980s, I have, as a non-resident, always had a difficult relationship with the scheme’s owners’ management company (OMC).
That said, I do receive documentation about AGMs and minutes of the meetings. Recently, the OMC obtained a legal opinion that the OMC is not legally responsible for the structure of the buildings in the development. This is the case even though the OMC has paid the property insurance on them from the beginning.
The implication of the decision has been referred to the AGM, and discussed there, including at a postponed meeting and a recent, follow-up meeting. I have received no minutes of this recent meeting.
My interest in the decisions, if any, of the meeting, lies in the fact that I have had a long-running dispute with the OMC in relation to a leak of water from the balcony above my apartment in the development, which was supposed to have been resolved several times. The front door of my apartment is currently unusable because of water damage from the apartment above.
READ MORE
I have, several times, asked the OMC to report to me the results of visits by their contractor to deal with the issues surrounding the leaks. I have never seen any reports.
If the recent legal opinion is applied by the OMC, what are my options?
The owners’ management company (OMC) is established with the sole purpose of having the common areas vested in it, and taking ownership of and responsibility for the common areas. The definition of the common areas is set out in the Multi-Unit Developments Act as, inter alia, all structural parts of a building; in particular, external walls, foundations, roofs and internal load-bearing walls. In such a case, where your OMC has obtained a legal opinion that it is not responsible for the structure of the buildings in the development, further information is required to fully understand how the conflict of information arises.
While the OMC has historically arranged block insurance for the development, insurance arrangements do not of themselves determine legal responsibility for ownership or maintenance of structural elements. It is quite common for an OMC to insure the buildings even in cases where the common areas are not transferred.
Minutes of all general meetings of the OMC, including adjourned or reconvened AGMs, should be circulated to members. If you have not yet received the minutes of the most recent meeting, these may be issued once finalised and approved in accordance with the company’s procedures. As a member of the OMC, you should familiarise yourself with the company’s procedures and raise any queries you have with the OMC.
The directors of the OMC are obliged to act on professional legal advice obtained, but this does not prevent individual owners from seeking independent advice should they wish to.
Your query refers to the management company in the third person, as if it is a separate entity from the owner, but it is not. The management company is, in essence, the owners acting collectively. This means that you too have a role to play.
Owners should not simply sit back and expect to request that their OMC does all the work. Owners should become involved by putting themselves forward and becoming directors of the management company. When owners become involved in the running of the company, they will better understand such matters and have the opportunity to come up with solutions to the problems that arise.
Based on the limited information provided in this query, the best option would be for you to take legal advice regarding the water leak from the balcony overhead, and also to put yourself forward as a director of the management company.
Aisling Keenan is a property managing agent and consultant and an associate member of the Society of Chartered Surveyors Ireland
Do you have a query? Email propertyquestions@irishtimes.com
This column is a readers’ service. The content of the Property Clinic is provided for general information only. It is not intended as advice on which readers should rely. Professional or specialist advice should be obtained before persons take or refrain from any action on the basis of the content. The Irish Times and its contributors will not be liable for any loss or damage arising from reliance on any content
