I am writing on behalf of my partner who purchased her home in Killarney nearly seven years ago and now finds herself in a legal quagmire, a nightmare, through no fault of her own. I will do my best to briefly outline the problem in the hope that other readers of 'Askaboutmoney.ie' may be able to provide some guidance. The matter is complex but here, I hope, is the gist:
- My partner purchased her home outright in 2010;
- It is a detached house set on about half an acre lawn and her site is now delineated with post- and- rail fencing;.
- Her home is located within a development of holiday homes but it is crucial to understand that her house NEVER WAS, IS NOT, and NEVER WILL BE A HOLIDAY HOME. Not alone is her home distinctly different in character to the 44 (including one pub and a house being 'used' to accommodate an employee of the Managing Agent) other properties comprising the 'village' it is not subject to any covenants relating to its use;
- At time of purchase she was assured that she would get (inter alia) grass cutting, cable TV, bin collection, insurance etc. This she would get for about €300/400 pa. She paid €386 in 2012. She was never invited to attend AGMs and the OMC has gone from insisting that she was not a shareholder [indeed, the asked her to prove her shareholder status!] to now insisting that she is a shareholder!
- SHE HAS NEVER RECEIVED ANY OF THESE SERVICES contracted for. NONE, despite repeated attempts to get the MANAGING AGENTS to address these matters they have literally ignored all verbal and written communications. Instead they have applied to the District Court for a debt judgment alleging non-payment of service charges! c€7,000. She has retained a solicitor who has entered an 'Appearance Notice'(?) and the claim will be repudiated. But the matter is more serious than that and this is where we/she so badly needs your help.
- To compound matters, ABC Ltd., run the OMC as 'ABC MANAGEMENT Ltd' and conflate the accounts and other financial records in order to line the pockets of the directors and oppress a small group of shareholders in the OMC [the non holiday homes]. Such scant financial records that my partner has managed to obtain via the CRO fail to show any contribution fro the Holiday Homes under the direct comtrol of 'ABC Ltd.' to the OMC! It would appear that the individual owners of the holidays homes are in receipt of an annual 'dividend' of about €1750 in return for a full maintenance of their investment properyties! Interestingly the full repairing agreement with 'ABC Ltd' also covers all utilities, TV, gardening, insurance and a 'waiver' of the OMC service charge!!! In return the individual owners sign over their OMC proxies to the managing agency which also acts as the OMC. !!! Conflicts of interest abound and their are serious matters of Taxation and Benefit in Kind. (?)
It is useless to suggest that an EGM/AGM be used to oust a company that is acting in open defiance of the Companies Act, the MUD Act and the regulations governing the Management of Property. Their obligations under these laws have been brought to their attention as has their conflation of accounts with reckless disregard for the need to keep proper financial records. They are attempting to have a small number of private home owners pay for the maintenance and internal upkeep of the holiday homes that they control. In short, these two companies are acting fraudulently at worst and certainly with a reckless disregard for normal business practice and the law.
The OMC [ABC Management Ltd] has been written to by registered post to their Registered Office, to their solicitors amd to their accountants requesting documentation per the MUD and Companies acts,to no avail. 'ABC Management Ltd.,' are so arrogent that they do not see fit to even acknowledge the requests. Thankfully, the An Post Tracking and Delivery makes their ignorance all the more egregious. It may also give you a flavour of these so called OMC people to note that they call all meetings at a venue more than 100 Kms from the 'village' in question.
I know there is a lot in the above. I have tried to keep it to the salient points and will readily give clarifications as required. The companies alluded to above are clearly in breach of the law. They have raised 'fraudulent' invoices, conflated accounts, failed to give information as required and continue to act against the Members' interests, have no transparancy in their conflicts of interest ..
Is an application to the Circuit Court the only remedy towards having these so called OMC removed and the directors (2) common to both 'ABC Management Ltd' and 'ABC Ltd. Struck off?
All constructive observations will be welcomed. Thank you.