# Court Order against apartment owner '07 but not enforced.



## mercman (4 Mar 2012)

A Court Order was made against the owner of an apartment above mine but was not enforced by the Management Co, leaving me with a huge legal bill trying to have the order enacted upon, as my property could not be let out. The owner has left the country for bankruptcy purposes and the property has been repossessed by his Bank. The property has been placed on the market For Sale by the Bank. Where does this leave me in the case of the property been sold, the legal bills and the Order itself ??


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## Brendan Burgess (4 Mar 2012)

Against whom did you take the legal action? 

If you won a case against the Management Company, did you also get your costs? 

If you got an award against the individual, I don't think it's worth anything if the guy is now bankrupt. 

If you registered a judgement against the property, it would rank after the bank's mortgage. 

Brendan


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## mercman (4 Mar 2012)

The legal action was taken against the person as owner of the above property. The case was taken jointly with the MC against the said individual. The MC didn't do their duty to have the action enforced. He may be bankrupt for the purpose of clearing Bank Debt but he will have access to funds when his Banktuptcy is over. Purposely didn't go down the route of a judgement as was well aware of the Bank's interest. 

So now I own a property that is unable to be let. The terms of the lease have been severely breached and the MC have their heads firmly stuck in the sand.


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## shesells (4 Mar 2012)

Had this to do with wooden floors in an overhead apartment? The case sounds vaguely familiar.

The Management Company could/should have proceeded to forfeiture of the property due to breach of lease. It's complicated and difficult but not impossible.


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## mercman (4 Mar 2012)

Shesells, correct I have posted about this previously. The MC failed miserably in this case. They simply refused to deal with the matter. Didn't collect the management fees for nearly six years. I've paid my dues and have been persecuted by the apartment above as it was impossible to let out mine. Meanwhile, yer man above hasn't paid a penny capital off his mortgage and the Bank are trying to sell the apartment at a seven figure loss. Bankruptcy by design IMO.


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## shesells (4 Mar 2012)

What is the situation with the MC - is the developer still in control? Who are the directors? Did you stand as a director?


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## mercman (4 Mar 2012)

This is an old block (over 25 years) and the developer has long gone. The Directors are owners who all have their properties rented. I never wanted to be a Director thank you. But I have paid over €10 k in legal fees since the Court Case for doing the job of the MC, lest not been able to let my own place. It's a good job that they have a sinking fund.


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## shesells (5 Mar 2012)

mercman said:


> I never wanted to be a Director thank you



That's part of the problem, relying on other people to move this forward for you. I never wanted to be a director but once the MC was handed over by the developer I realised that the person to best protect my interests and my investment was me. And so I stood at the AGM and have been elected at every AGM since. We have had changes on the board over the years so have had fresh input but there's an active core of owners on the board. There's no way your situation would have been allowed to develop here.


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## Savvy Row (5 Mar 2012)

In what way did the owner above you prevent you from renting out your apartment? What was the court case about?


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## mercman (5 Mar 2012)

He didn't prevent me from letting the property personally, but he placed  a wooden floor in the apartment so every bit of noise from above could  be heard. Basically broke the terms of the lease after him swearing to  all and sundry that he had no intention of installing a wooden floor,  amongst other things. My tenant left the property and since the Court  Case the Management Company did little or nothing to check if the Court  Order was acted upon, which it wasn't.


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## Time (5 Mar 2012)

If he is a bankrupt the judgement won't be of any use to you.


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## mercman (5 Mar 2012)

Perhaps, but the property cannot be sold until it is put back into a condition that abides with the terms of the lease and any outstanding monies are settled.


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## Time (5 Mar 2012)

Have you registered the judgement as a mortgage on the property?


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## mercman (5 Mar 2012)

Nope. And it's too late now as the Management Co dragged their heels in dealing with the matter. The entire is a pathetic farce. The solicitors acting for the MC are a joke. It really is a good job that the MC are holding surplus funds.


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## Bronte (6 Mar 2012)

mercman said:


> Perhaps, but the property cannot be sold until it is put back into a condition that abides with the terms of the lease and any outstanding monies are settled.


 
I wouldn't be so sure about the wooden floors being taken up.  No solicitor is going to ask for that.  But I guess the management fees will be paid before it's sold.  I presume that all solicitors insist on this for their purchasers, but just in case I'd be making sure said solicitor knows about the arrears.  

You don't want to scupper the sale as anyone would be better than previous owner?  So it's a positive thing it's being sold.  

What good would it have been for the MC to go after the owner, he didn't even pay his mortgage and is now bankrupt so going to court against him would only cost the MC and to what end.  You cannot get money where there isn't any.


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## mercman (6 Mar 2012)

Bronte said:


> You cannot get money where there isn't any.



The said person has access to huge funds. They have simply given the two fingers to the courts and legal system. This is what I'd call 'Designer Bankruptcy --Irish style.

In relation to the wooden floors, this is specifically handled in the lease, where it clearly states that no wooden floors are to be laid in the properties. The MC made some massive mistakes and they are really going to have to pay for my loss.


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## Bronte (6 Mar 2012)

mercman said:


> The said person has access to huge funds.
> 
> In relation to the wooden floors, this is specifically handled in the lease, where it clearly states that no wooden floors are to be laid in the properties. The MC made some massive mistakes and they are really going to have to pay for my loss.


 

How do you know they have access to funds, you mean they are hiding money?

Ok the wooden floors are in the lease, but would a solicitor for the purchaser note such a thing when doing the sale?

How do you intend to get money from the MC.  That weakens the MC for everybody, would cost them but ultimately would cost all apartment owners?  What exactly are you going to do to get money from them and on what grounds?  What is your goal, other than to get you costs and is it worth it?


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## mercman (6 Mar 2012)

Bronte said:


> How do you know they have access to funds, you mean they are hiding money?
> 
> How do you intend to get money from the MC.  That weakens the MC for everybody, would cost them but ultimately would cost all apartment owners?  What exactly are you going to do to get money from them and on what grounds?



No, I have never intimated that they are hiding money.  I've had to pay large legal fees for doing the job the MC should have done. In case you weren't aware apartment owners do have rights as well.


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## Bronte (6 Mar 2012)

mercman said:


> No, I have never intimated that they are hiding money. .


 

You have said the previous owner has access to funds, but is still able to go bankrupt and not pay their mortgage so it seemed to me he was hiding money.


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## mercman (6 Mar 2012)

Bronte said:


> You have said the previous owner has access to funds, but is still able to go bankrupt and not pay their mortgage so it seemed to me he was hiding money.



Your perception of the matter, not mine.


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## Leo (6 Mar 2012)

Seems you're just having a rant now, thread closed.


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