# What rights and action can an apartment owner take ?



## mercman (6 Feb 2013)

This has, in part, being on this forum previously.

A situation where the previous owner of the apartment above mine broke the terms of the Apartment Lease. The case went to court and the judge found in favour of self and the Management Company. The defendant did not accede to the Court Order, but continued renting out the property.

Throughout the last five years the property continued with he breaches of the lease. Acoustic tests were carried out which proved the noise level was so high that my property was unable to be let.

Alas the property in question was repossessed by the Bank and sold, where the Management Company allowed the sale as the breaches of the lease were still continuing.

A large amount of money has been spent in legal fees by self to get to where we are now. The Management Company have failed in protecting my interest or that of the development, where they have continually allowed breaches of the lease to occur.

What ideas to other posters have in this regard ?


----------



## round1 (6 Feb 2013)

Do you have an active role in your management company?. Get yourself elected in your next AGM if you feel the current directors of the your company have failed you.


----------



## Dermot (6 Feb 2013)

Did the Management Co not take the case against the owner on its own. Did the  Judge make an order for costs and if so to whom


----------



## mercman (6 Feb 2013)

The Management Company and myself took the case against the past owner. But the MC did not ensure the Court Order was abided to. Order for costs went against the defendant.


----------



## Dermot (6 Feb 2013)

Has this owner any other property. Have you done a search. You could then get a judgement registered on an asset of this person.


----------



## mercman (6 Feb 2013)

I think most of his property has been repossessed, but he comes from a 'well heeled' family. Presently, he is working overseas, alas it would be a very costly job to get a judgement as he moves around all the time.


----------



## Dermot (6 Feb 2013)

Not sure exactly but I'm sure some of the legal people here could give you an estimate of how much it would cost to get a search done. There is such a business as law searchers who would probably give you a price. it should not be that expensive. In the meantime you can put your legal costs down as an expense


----------



## mercman (7 Feb 2013)

Dermot said:


> In the meantime you can put your legal costs down as an expense



An expense against what. The property cannot be let and as already advised in previous threads, there are power showers overhead which makes to entire sound as if there is a helicopter landing above. 

So I'm stuck, and this is the reason I've opened this thread.


----------



## shesells (7 Feb 2013)

Have you considered sending a solicitors letter to the directors of the MC in an effort to force them to act?


----------



## mercman (7 Feb 2013)

Not yet, but the Managing Agent has acted on the Directors behalf (the company is using the MAs solicitor). I really find it extraordinary that they have allowed the property to be sold as it contravenes the lease applicable to the apartments.


----------



## shesells (7 Feb 2013)

It looks like you will have to go that route, or at least send a letter which may frighten them into action. If you're Dublin based, why not head along to the next meeting of the Apartment Owners Network, it's a very knowledgeable group, I've found them to be very helpful. All info on www.apartmentowners.ie


----------



## bacchus (8 Feb 2013)

--


----------



## Bronte (8 Feb 2013)

mercman said:


> .
> 
> Alas the property in question was repossessed by the Bank and sold, where the Management Company allowed the sale as the breaches of the lease were still continuing.


 
You did discuss this before, can I try and summarise my recollection of it. In addition some questions. 

You own an apartment and overhead another owner went against the rules of the apartment block and so caused your apartment to be unlettable due to the noise levels. You and the MC went to court against this owner and won including costs. But you really won nothing as the owner ignored the court orders, didn't pay costs (I assume) and is now presumable as good as bankrupt. In addition to being out the costs of renting your apartment you've 'wasted' a lot of money on legal fees.

What exactly do you want now. You know that the previous owner comes from a wealthy family, but how is that of any help to you. He's demonstrated his unwillingness to comply with court orders, he's managed to get his property repossed.

1. I presume you agree it is pointless to pursue the previous owner as he is not a mark ?  It may gaul you that he comes from a wealthy family but surely that is irrelevant?

2. What is the point of pursuing the MC, this will only cost you and the other owners surely?

3. The fact the apartment has a new owners is surely a good thing?

4. You've the means to pay for legal advice, what remedy has your solicitor suggested you have now?

5. Mercman, do you not think it's time for you to let this go? For your own sake?

6. Would it be a good idea for you to sell the apartment and walk away from this? (You mentioned before your health problems so really you don't need this hassle of a continuous unwinable battle surely?)

7. Would you agree that the MC and indeed other owners have very few remedies against other owners who are hell bent on ignoring rules, contracts, and indeed courts? That even if you go to court and win, it can sometimes mean nothing?


----------



## terrysgirl33 (8 Feb 2013)

I'm wondering, what do you want to do?

Force the new owners to take remedial action?  This wouldn't address your problems with what has gone on before, but it would make the appartment rentable/sellable.

Take a case against the previous owner?  Again, it depends on the case succeeding (I don't know much about law, so don't know if this is possible) and the previous owner having the assets to pay any judgement.  

Take a case against the management company for not carrying out the court order?  Again, no idea if this would stand up legally.  What is the outcome you want, to get them to carry out the court order, or to compensate you for loss of rental income?

Does the management company have recourse in law to compell the new/old owner to carry out the remedial works?  If not, what's the point of the management company?


----------



## mercman (8 Feb 2013)

terrysgirl33 said:


> I'm wondering, what do you want to do?



Quite simple really. I've been chalking up legal bills, where my solicitors have been chasing the legal firm acting for the MC to have them do something about this matter. As my solicitors are one of the 'big' firms, their services do not come cheap. The Insurance policy for the block must have Indemnity cover for the directors. Let them or the Insurers pay for this legal work.

Accordingly, the MC have been asked as to whether the works will be carried out by the new owners, months ago, and no answer has been forthcoming. 

I simply wish to let out my apartment without major noise interruptions.

It's quite simple really. I'm not looking for anything else, other than what a normal human would look for. Peace and Quiet.


----------



## terrysgirl33 (8 Feb 2013)

Bronte said:


> You did discuss this before, can I try and summarise my recollection of it. In addition some questions.
> 
> 
> 6. Would it be a good idea for you to sell the apartment and walk away from this? (You mentioned before your health problems so really you don't need this hassle of a continuous unwinable battle surely?)



Would it be possible to sell the appartment as it now is?

ETA, so what you want is to ensure that the remedial works are carried out?


----------



## mercman (8 Feb 2013)

terrysgirl33 said:


> ETA, so what you want is to ensure that the remedial works are carried out?



This is all I ever wanted to do or asked for ??

As a point of note, I was in the timber floor supply business, and when I asked about puting in a wooden floor, I was told NO WAY.

And as for selling the property, this is not an option. Location, Location and Location. A huge price was paid and we don't want to sell.


----------



## terrysgirl33 (8 Feb 2013)

mercman said:


> This is all I ever wanted to do or asked for ??
> 
> As a point of note, I was in the timber floor supply business, and when I asked about puting in a wooden floor, I was told NO WAY.
> 
> And as for selling the property, this is not an option. Location, Location and Location. A huge price was paid and we don't want to sell.




OK, I'm afraid any confusion was mine, thanks for clarifying.  After such a mess, it would be understandable if you were looking for more, no matter how unrealistic it might be!

On the wooden floors, this seems to be standard.  From what you have found, it looks as if they would do nothing about it if you had put them in...


----------



## Bronte (8 Feb 2013)

terrysgirl33 said:


> . After such a mess, it would be understandable if you were looking for more, no matter how unrealistic it might be!
> 
> ...


 
Well surely it's time to be realistic, after all the years, the top lawyers, courts and nothing but stress and grief should Mercman be encouraged to continue?


----------



## mercman (8 Feb 2013)

Bronte said:


> should Mercman be encouraged to continue?



For doing nothing wrong and towing the line I should lie down. This doesn't equate in my book. So I should take the hit of the best part of a million for a bit of stress. Not a chance, but I do have rights and I'll certainly stand my ground in this regard.


----------



## munchy (13 Mar 2013)

I know you have spent money on this and it is not your problem to fix, but would that money be better spent now adding an acoustic ceiling or at least boxing in the pipework walls/ceiling with acoustic treatment? It may fix it enough for your tenants to be comfortable


----------

