# Management company Fees and Arrears



## Nesta (21 Aug 2009)

Hi ,i have refused to pay my management company fees  since the end of last year which leaves me around 2400 euro in arrears . They installed a new intercom system for the apartments around 2 years ago and since then mine hasnt worked , i have contacted them on numerous occasion to have it repaired but to no avail, i have recently got a letter saying i would have to go to court if it is not paid  , can anyone tell me the likely out come  if i go to court , this is one of numerous problems i have had with the managements co. decisions , they also installed new water timer heaters as the originals apparently had a fault , subsequently my new one went on fire and as i couldnt do without hot water i ended up paying for a new one and the installation which wasnt cheap when originally my one was working perfect. 
Will i better off paying the fees and an electrician to repair the intercom or go to court and let the judge make the decision.


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## purpeller (21 Aug 2009)

Nesta,

I presume you are the owner and that therefore you signed a lease.  That lease says you have to pay the management fees every year.  If you go to court, the management company (which you are part of) will win and you will have to pay the fees plus legal costs.

Pay the money.  Then write outlining your issues and the unacceptable delay in fixing them to the management agent.  Ask for the repairs to be done asap.  Copy the directors of the management company.  

Purpeller


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## steviel (21 Aug 2009)

The judge will find against you, and hammer you with costs.  This isnt the 'likely' outcome - it is the only outcome.  You have to swallow hard and pay the €2,400, then get on to the management agent again, copying the management co as 'purpeller' suggests.  It is incredibly frustrating dealing with agents most of the time, but non payment of service charges doesnt get you anywhere


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## ontour (21 Aug 2009)

Request a meeting with the management company, not the agent, to discuss your concerns and settling your arrears. Most people who give freely of their time to run the management companies face the same challenges and annoyances that you do on a daily basis.

If the management company is not being run in a manner that you are satisfied with, the solution is to get involved, it is your management company after all.


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## Nesta (21 Aug 2009)

thanks for advice , much appreciated ........ nesta


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## ontour (21 Aug 2009)

jaybird said:


> Do you mean a meeting with the directors of the man co? The Company itself is the members, the op is part of the company. The directors have no obligation to have a meeting with a single member of the company, outside of a properly convened EGM or AGM. The problem for the OP there though is that, according to standard rules on such meetings, they will not be eligible to attend being in arrears on their fees.
> 
> In short, pay up, or you can't even talk to the directors of the company you are a part of.



Depending on the management company it may be the directors or a committee that deals with investors/ overdue accounts etc.  There is nothing to stop directors or representatives of the management company meeting with an individual, it happens all the time in developments with active management companies.  They may refuse and tell you to go through the agent but it is worth asking to speak to representatives of the management company especially if interest is being applied to the overdue amount.  If they understand the reason for your frustration and you can show a trail of communications, they may act on your grievances and cancel interest and penalties.


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## 10amwalker (24 Aug 2009)

jaybird said:


> Do you mean a meeting with the directors of the man co? The Company itself is the members, the op is part of the company. The directors have no obligation to have a meeting with a single member of the company, outside of a properly convened EGM or AGM. The problem for the OP there though is that, according to standard rules on such meetings, they will not be eligible to attend being in arrears on their fees.
> 
> In short, pay up, or you can't even talk to the directors of the company you are a part of.



Jaybird- I don't think you are right- a member in arrears can attend any company meeting such as EGM/AGM however is not entitled to vote.

Like the other responses, Directors of management companies that are owner occupiers tend to be very involved in the running of the company and  do receive communication and do meet with owners to allow them discuss the issues they are experiencing. We also take a  sympathetic approach where a member is having a difficulty eg marriage break up/divorce proceedings however the owner has to approach us and explain the situation. There is no good ignoring interest letters and solicitors letters. 

As a Director of a management company we are always looking for new members to serve on the committee before going forward for election to the Board. The Directors and committee members generally find that they were totally unaware of the level of work that is required for management companies but find that they do have a direct input into the running of their company. 

My advice is- it is your money so become involved and have a say !!


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## mathepac (24 Aug 2009)

10amwalker said:


> Jaybird- I don't think you are right- a member in arrears can attend any company meeting such as EGM/AGM however is not entitled to vote. ...


As jaybird said a contract issue or it may even be governed by the memorandum & articles of association of the management company.


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