# Managment Company will not do work - usual problem



## Shelleyb (20 Nov 2009)

I moved into an affordable apartment in Hazelhatch Celbridge 6 months ago and pay management fees.  There are only 3 of us living in the block.  Since moving in and I have had problems with:-

1.  Main building fire alarm not working in landing or my hallway,
2.  The fire window in the landing is broken and will not close causing a draught into my apartment (my doors shake),
3.  Main community door has swollen and will not close,
4.  I have no water pump in my attic and from 9 to 5 the water pressure is almost non-existent,

Since moving in, my father has himself fixed a pipe which was supposed to pump effluent out of the roof but was pumping it into the attic.  He has also done other plumbing and twice we have been attacked by graffiti and we have cleaned it off ourselves, repainting some of the outside wall and inside the block.  We have also twice had to clean the wall and carpets on the stairs.  Although they seem to be doing that sort of work - well now and then!

What can I do? I have been emailing and calling since June and now the Management Company will no longer take my calls.  I want to cancel my management fees but my father wants to pay to have the work done and charge them, which I'm worried about.  Also, I cannot get any information from them on their AGM or if there are any Committees around the place.

What can I do?  Is this a hopeless case.  Kildare Co Co say it is not their problem?  Would it be worth going down a legal route and getting my local TD involved?  All I'm paying for is the bin charges and the fee is a lot for that!

Thank you


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## markpb (20 Nov 2009)

How many apartments are in the block or estate? There's a good chance the developer hasn't paid service charges for the unsold units so the management company only has 3 service charges which won't pay for very much - it probably barely covers the insurance. the developer to fix the problems you've mentioned since most of them are his fault anyway and not the responsibility of the management company.

If you withhold next years service charge, there'll be even less money to pay for the services you need so you're only shooting yourself in the foot there.


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## WHAT'SFREE? (20 Nov 2009)

And again Shelly, you need to familiarise yourself with the difference between the Management Company and the Management Agent.  There are numerous threads here explaining the difference.  

If a Management Company has been registered (i.e. the owners of units in the development) an AGM should be called within 18 months of its registration.


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## Shelleyb (2 Dec 2009)

Thank you for your replies, thought I would give you an update:

1.  They are a Management Company and are registered.  However, they will not give me details of their next AGM or any local committees I can speak to and also, have stopped taking any of my calls or emails. 

2.  My father fixed the door by shaving it down which will work for the moment and has propped up the window with a piece card!

3.  I managed to get in contact with the Property Developer over the pump who has said it is Kildare Co Co's responsibility.  Kildare Co Co has told me it is the Developer's problem.  I am taking my water from the mains and will continue to do so as I don't have the money for a new pump.

In my segment of the block there are 3 apartments occupied and three vacant.  It is pretty much the same for the two other joining segments of the block.  

I have given up, I cannot fight them but thank you for your replies.
Regards
Shelleyb


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## bigchicken (2 Dec 2009)

When you call 'them' who are you speaking to? Is it the managing agent or are you actually speaking to a Director of the Management company?


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## Shelleyb (2 Dec 2009)

Hi
I have only ever spoken to a Sarah at Chaste Property Managment.   She has said they are the Management Company and also the Moritz Group/Maplewood have confirmed this plus Chaste are listed on the CRO.

Hope this is of help?

Regards
Michelle


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## purpeller (2 Dec 2009)

So Chaste are your management *agent*, a company who manage the development on behalf of the management company who are probably called something like "your development's name ltd".  The latter are the company you want to check out the directors of and contact directly.  You are a member of this management company.  If there is no committee of owners, it's time to set one up.  Get the Robert Gogan book - there's a lot of things to learn.


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## ontour (2 Dec 2009)

The first issues you raise relate to fire safety.  If you are getting no joy from communications with the managing agent or management company, you should ring you local fire station and ask them for details of the fire officer responsible for the area.  Document your concerns and post it to the fire officer.

For the other issues, put everything in writing and maintain a paper trail.  Inform the managing agent of your concerns and if possible provide an estimate for an independent contractor to complete the work.  Request a reply within 10 working days and inform them that if no reply if forthcoming you will, as a member of the management company, proceed with the necessary remedial work and deduct the charges from future management fees.

It would be worthwhile to talk to the other owners of units in your block and if they have the same concerns, see if you can agree on the approach to take.


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## truthseeker (2 Dec 2009)

The directors of the management company are going to be the directors of Maplewood. I also have an apartment built by Maplewood, management agent is Chaste - and thats the case with my management company.

From experience I can tell you to forget Chaste, you are wasting your time there, ring Crea in Maplewoods office and start detailing your concerns, get your neighbours to do the same.

Im not clear what role the council has in maintaining houses that are affordable housing - but possibly none? However, you can get a TD to lean on the council to see if they really are shirking their responsibilities. A TD is useful at this point anyway - we had a number of problems initially in our development and a local TD actually leaned on Maplewood and got things moving. Especially if there is an issue with fire safety.

You need to keep a paper trail of everything. Even if you make a phonecall, send a brief email afterwards outlining what was discussed.

Water pressure was an initial problem for us also and Maplewood kept insisting that it was going to resolve with Bohernabreena's water upgrade works - however, that only improved the mains, not the tank!! Eventually after numerous complaints they sent out a guy to install pumps into all the apartments where pressure was an issue.

I really think your main gripe is with Maplewood - I would be interested to know if the council do have a duty of responsibility here, as surely if they were offering apartments as affordable housing their inspectors etc..would have had to pass the properties as suitable and snag free?


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## Shelleyb (2 Dec 2009)

Hi everyone,
I just want to say how much I appreciate your replys, the result is that I have got my mojo back!  I've ordered Grogan's book, will write a letter to my local fire station and will get a print out of the list of directors from the CRO. I have been keeping a paper trail of emails and letters going back to when I moved in on 17 June.   My father has all the reciepts for the work he has done or got done.  I am going to write a letter to Chaste and send it via registered post with a list of my concerns.  I might as well visit my local TD as well as I've nothing to lose?  I believe there is a residence committee as Chaste told me ages ago that there were issues agreeing this years management fee increases and I will have to do some knocking on doors to find out more information on them.  It's going to be tough but I am going to give it once last shot.
Will keep you posted, give me some time on this!
Many thanks for your help
S.


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## Shelleyb (2 Dec 2009)

Hi Truthseeker,
I didn't see your post in time.  I have spoken to Crea in Maplewood a few times, she has been very helpful however, I received a very legal note/email from Mr Whelan himself telling me the pump was not his responsibility but Kildare's.  He said Kildare are known for doing comprehensive snag lists before purchase and the pump would have been working then.  I had my own snag list done before I moved in and it differed completely from Kildare's.  They did rectify everything on the snag list but I could not check the pump at the time as there was no electricity going into the apartment. I feel foolish now!  It turned out that not only did the pump never work it was also not wired up to the electricity.  (I also had a wide open effluent pipe in my attic which Kildare's list missed).  However, I am going to chase Kildare Co Co once again.  There's a lot more to this saga then I cannot go into here.
Thanks Truthseeker
S


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## truthseeker (2 Dec 2009)

You know - it sounds like the responsibility might lie with Kildare Co Co then - if they had completed their snag and missed the pump issues.

Thats a lucky break for you, I guarantee you that you get further with a good politician leaning on the county council than you get with calls to a development company.

Waste no time, get straight onto a number of local TDs. Get them to hassle the council.

On a different matter (not apartment related) I had an issue before that I spent a week phoning the council for, and eventually I phoned a TD and freaked out - 20 minutes later I had the relevant council worker on my doorstep.


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## Shelleyb (3 Dec 2009)

Thank you Truthseeker, I am getting all my paperwork together and going to visit my local TD - will let you know how I get on.
S


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## truthseeker (3 Dec 2009)

Good luck with it, our development as a whole had a number of initial issues that seemed to be going nowhere til the TDs got involved.


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## Shelleyb (24 Jun 2010)

Hi there,

Thought I'd give you an update. Well I found out through Citizens Information that Kildare Co Co are liable for the water pump and have been in contact with Kildare over this.  They just keep telling me they have contacted the developer and have not heard back from him.  I did get a TD involved who was useless.  I also got a councillor involved who was much much better and in fairness to her she did call to Kildare's offices in Nass to ask that what was happening with my pump.  They told her they were not liable as they did not own the apartment.  I don't know where to go from here.  They are the vendors.  They signed the deeds along with me and they now say they never owned the apartment in the first place?  Kildare CoCo have no money, the developer has no money - perhaps I should just admit defeat, I have been reading on this blog that there are an awful lot worse off then me.  So what if I don't have a pump, at least i can afford food for the moment!

Also I discovered that the remaing units are being leased out as social housing.  It will be run by a UK company who specialises in homes for those on lower incomes.  This may or may not be a good thing.  It'll either mean that the Management Company will have to get the finger out, and it'll be the best kept apartment block in Celbridge or Kildare CoCo will simply pay a fee to the the Management Company for not much work.  The latter with happen won't it.......

Txs
S


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