# Non-Compliance with House Rules



## WHAT'SFREE? (20 Aug 2008)

I’m looking for some advice regarding enforcement of “House Rules” in a development governed by a management company please.

Up to now, all House Rules (i.e. terms of the contract of lease) have been enforced, such as removal of satellite dishes, however, a tenant has recently moved into an apartment who persists in drying her laundry on the balcony – which is not permitted...

The Management Company, at my request, has written to both tenant and landlord on three occasions requesting that she desist from this practice, however, all letters have apparently been ignored, meaning I, the rest of my neighbours, and any passers by have the displeasure of looking at her laundry (albeit clean) airing in public!

As I suspected would happen, other residents who, up to now have managed to dry their laundry indoors have seen this person “getting away with” hanging her washing on her balcony and have followed suit and started hanging their washing out too.

Is there anything that can be done to actually enforce the “no washing on balconies” rule other than merely writing ineffectual letters?

Any suggestions gratefully received….


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## ClubMan (20 Aug 2008)

Does the management company employ an agent? If so they should be experts in what is and is not possible here. I suspect that nothing can be done unless, perhaps, the management company resorts to the legal route to enforce the rules and it's hard to see that being cost effective and I would wonder about the rules being legally enforceable anyway?


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## WHAT'SFREE? (20 Aug 2008)

Thanks for the reply.  Yes, there is an agent, but they don't seem to be experts in anything!

I've had to consistently agitate to get satellite dishes taken down, "for sale" signs removed, dumped cars towed away and they are constantly fearful of litigation for actually enforcing their own rules - which I would have thought are legally binding clauses included in the contract of sale (or in our case 999 year lease!).


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## Frasier (21 Aug 2008)

The management agent is responsible for notifying occupants of the house rules and failure to comply with them.  I would have thought it was reasonable for an administration charge to be levied on each subsequent occasion that the management agent has to notify an occupant of a breech of house rules.


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## shesells (21 Aug 2008)

Is there a clause in your lease/deeds of sale that says something like "landlords are responsible for ensuring that tenants comply with the development rules"? Ours does and we frequently use this to put pressure on landlords to deal with rule breaches, and have even had two sets of difficult tenants evicted.

In our development there also is a €50 fine added to the management fee on the rule breaker every time they are notified about persistent rule breaking such as laundry on balconies.


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## WHAT'SFREE? (21 Aug 2008)

That's a good point Shesells.  I'll check the lease tonight.  

Also the fine for persistent rule breaking is a great idea.  I'll get that implemented at the next AGM.  The cost of satellite dish removal being levied on landlords finally seemed to solve the dish problem so hopefully being fined for hanging out their washing will work too.  Thanks a million for the tip!


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## aetius (2 Oct 2008)

I think the hire of a cherry-picker and a purported 'tidy-up' of walls would solve the problem a lot quicker than a fine being levied. A notice hung up in a communal area advertising where the clothes can be collected from (and during what hours) would overnight solve the problem.

(Note:- this advice only to be followed if you've a very thick skin)


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## S.L.F (2 Oct 2008)

I'd have thought in this day and age of rising fuel costs that things like drying clothes out doors should be encouraged.


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## shesells (2 Oct 2008)

S.L.F said:


> I'd have thought in this day and age of rising fuel costs that things like drying clothes out doors should be encouraged.


 
The issue in a managed development is compliance with legal documents signed, environmental concerns bear no relevance.


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## PM1234 (2 Oct 2008)

S.L.F said:


> I'd have thought in this day and age of rising fuel costs that things like drying clothes out doors should be encouraged.



In fairness this isn't really the issue. Hanging clothes on balconies is similar to terraced/semi detached house owner hanging clothes outside their front windows or draped on the front dividing wall  Its not really something most neighbours would be thrilled to see


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## 10amwalker (4 Oct 2008)

Our complex has found that requesting a letter be sent to the owner (normally landlord) saying there was a breach of the house rules- eg washing on the balcony and that a fine of €175 has been added to his service charge account prompts the behaviour to change.
During 2007 we issued fines totalling approximately €14,000- little of this money has been collected however there is a greater compliance with the house rules, no satellite dishes, no letting/sale agents advertisements, no washing or bikes on balconies. It was hard work for 6 months but definitely worth it.

In my experience landlords hate to part with money...

Generally we do not inform the tenant, this means that the landlord and or letting agent has to contact the tenant and there is a marked improvement.

You do have to force the managing agent to be consistent with the letters and fines though.


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## S.L.F (5 Oct 2008)

shesells said:


> The issue in a managed development is compliance with legal documents signed, environmental concerns bear no relevance.



and more's the pity.



PM1234 said:


> In fairness this isn't really the issue. Hanging clothes on balconies is similar to terraced/semi detached house owner hanging clothes outside their front windows or draped on the front dividing wall  Its not really something most neighbours would be thrilled to see



I imagine people are not too trilled to see big E.S.B. bills either.

I saw a film from the states where there was an apartment block and on the roof was the area for washing lines, why oh why couldn't planners have done something like that here.


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## solid11 (5 Oct 2008)

Heard of case like this in uk, letters sent all ignored, one more  anonymous letter sent saying that bleach in a water pistol can ruin clothes, problem solved! not condoning it just telling you that what happened!


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## shesells (6 Oct 2008)

S.L.F said:


> I saw a film from the states where there was an apartment block and on the roof was the area for washing lines, why oh why couldn't planners have done something like that here.


 
Very few new build managed developments have flat roofs or accessible roofs. Insurance risks are too high for starters. Plus I don't think people really want to dry their laundry communally. Too many weirdos out there!


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