# Property Management Dissolved



## pk1970 (10 Aug 2012)

Just wondering if anyone could shed some light on the matter below, is this legal, what should I do?

According to the Company Registration Office website, the property management company of the complex where I live was dissolved earlier this year.
Today I received a bill for next years fees, from the property management company, all on the property management companies Letter Head paper with the companies registration number on it, the same company number that the CRO website says is dissolved.


----------



## T McGibney (10 Aug 2012)

The company is not prohibited from trading while dissolved.


----------



## capnhand (10 Aug 2012)

Hi

I would be concerned as to whether you will be able to sell your property if the management company is dissolved. Usually the freehold is owned by the management company. All the assets of the dissolved company are vested in the state.

The management company no longer exists in law. If the management company continues to trade, the directors have personal liability for the debts of the company from that point onwards and they trade in their personal capacity only.

The company will have to file all of its outstanding returns and late filing fee in order to be restored. If it is not restored after 6 years it will require a visit to the high court.

Sorry for the bad news, it could be quite serious 

Regards

capnhand


----------



## 10amwalker (10 Aug 2012)

Hi,

Is it the owners management company that is dissolved or the managing agent providing the services to the owners management company that is dissolved ?


----------



## pk1970 (12 Aug 2012)

It's the owner's management company that is dissolved. The management agent sent out the bill on behalf of the owners management company.


----------



## lantus (13 Aug 2012)

very worrying, this could have serious implications for your PL insurance and buildings insurance if an apartment block. I would engage with the directors to see what they intend to do pror to paying any service fee. I would also get independant advice as to where you stand.

This should never of been allowed to happen so who is running the company as a director?????


----------



## pk1970 (14 Aug 2012)

In the 4 years I've lived here, there has been no AGM's or any meetings of any kind. I don't know who the directors are, in fact no owner occupier knows for sure! The mangement agency won't communicate with us until we pay the fees.
I think it's time to take your advice Lantus, and seek independent advice, any suggestions as to where I go or who I should talk to?


----------



## T McGibney (14 Aug 2012)

Talk first to your solicitor. 

You can download a company report showing full details of directors, also copies of CRO annual returns, accounts etc from www.CRO.ie/search. There is a small fee per document accessed.


----------



## Bronte (14 Aug 2012)

I wouldn't pay anything to a dissolved company.  I'd also need to know who exactly is sending demands and what they are going to do with the money.  Legal advice is a must in this scenario.  It's time for the owners to sit up and get together.  Not an easy task by all the previous posts we've had on AAM on this.  It's also a thankless job.  But it's your property.  

There was a solicitor on AAM a while back who was an expert in this are.


----------



## 10amwalker (14 Aug 2012)

PK1970,

Have you found out who the Director/s and the Company Secretary of your Owners Management Company are ?

Send me a pm if you are having difficulty in finding same although as mentioned in earlier posts you can down load details of your OMC from the CRO site for a small fee.

10amwalker


----------



## lantus (14 Aug 2012)

pk1970 said:


> In the 4 years I've lived here, there has been no AGM's or any meetings of any kind. I don't know who the directors are, in fact no owner occupier knows for sure! The mangement agency won't communicate with us until we pay the fees.
> I think it's time to take your advice Lantus, and seek independent advice, any suggestions as to where I go or who I should talk to?


 
are you 100% sure you haven't received any notification of any AGM? Under the mud act 2011 which came into being in April of that year there MUST be an AGM with 21 days notice given in writing to every shareholder (resident owner) and all accounts and proposed budget prior to the meeting.

At the meeting the budget for yewar must be approved by vote at 60% approval rating or it cannot be passed. This must happen irrespective of whether they feel it in't required of things haven't changed.

No AGM and no vote and the decisions cannot be legally binding. I wouldn't pay until the matter had been clarified. That plus the absence of any directors is again very worrying. Read the mud act and quote the relevant sections to them. section 17 for agm and budgets. 

You should be able to get the directors names listed previsouly off the CRO site for a few quid.

Write to the agent asking for clarification on who the directors are, when an AGM took place, how much notifcation was given etc. Talk to other owners to see if they received anything before you push ahead so you cannot get fobbed off.

Your articles of association are also on the CRO site (your compant rules.) check the effect of non payment. Usually you dont get any vote if you are behind on a payment so watch out for this. its potentially a catch 22 situation if your thinking about withholding any payment.

Try to get as many others to do this as well, form a residents association ad co-ordinate your efforts. The agent can isolate and threaten you as an individual but as a community you are a force to be reckoned with. More work but hey ho!


----------



## T McGibney (14 Aug 2012)

Bronte said:


> I wouldn't pay anything to a dissolved company.



This advice is questionable in my opinion. The fact that a company is dissolved does not invalidate commitments that any third party may have to the company.


----------



## capnhand (14 Aug 2012)

Hi

A dissolved company has no legal status in law (unless it is subsequently restored to the register of companies). It cannot sue you.

However whether or not non payment of the management fees solves any problem is another story.

Kind Regards

capnhand


----------

