# Problems with Management Company



## polsmith63 (2 Mar 2012)

I have what I believe to be a legitimate complaint about the Management Company responsibile for an appartment complex where I own an appartment.  It looks at this stage that the only course of action open to me is to go down the legal route as they will not answer my emails and have not contacted me by phone despite telling me they would do so several times.
My question is.  Should my next step be a trip to my solicitor with a view to a hearing in the small claims court ?  Or is there some sort of Ombudsman that looks after these matters.  Please advise.


----------



## mf1 (2 Mar 2012)

Could you clarify? You have a complaint. It relates to a Management Company. What exactly is the complaint? 

Are you sure  whether it relates to a Management Company - of which you are a member and where you can actively  become involved in the running of the company to address issues - or a Managing Agent - appointed by the Management Company?

Please advise.

mf


----------



## polsmith63 (2 Mar 2012)

Basically I paid for a key to a common garden area (€100) and they (The Management Company) have not supplied it.  At this stage and because of their treatment of me I intend to follow up on whether I should have paid it at all as I had the original key but required a new one when they (The Management Company) repaired/replaced the locks.  In my opinion such repairs should be part of and budgeted in the annual service charge fee.  € 100 for a key seems pretty expensive.


----------



## mf1 (2 Mar 2012)

For the sake of €100, you'd be going to an awful lot of trouble. 

Is this symptomatic of how the complex is run generally? In which case, would you go back to the idea that perhaps you should become more involved in the running of the complex? There can be all sorts of difficulties involved for Management Companies and Agents ( and note the difference) and it is a big help when apartment owners take an active interest in the ongoing running of their apartment complexes. A lot of apartment owners take the  (often misguided) view that it is someone else's  problem to deal with ongoing issues. 

mf


----------



## facetious (2 Mar 2012)

mf1 said:


> Could you clarify? You have a complaint. It relates to a Management Company. What exactly is the complaint?
> 
> Are you sure  whether it relates to a Management Company - of which you are a member and where you can actively  become involved in the running of the company to address issues - or a Managing Agent - appointed by the Management Company?
> 
> ...



Exactly, mf1, so many people confuse the Management company of a complex, of which they are members and can become directors thereof with a management company who supplies a managing agent to run a complex under of the instructions of the complex's management company.

So, we have:
A complex's Management company which makes the rules of the complex and which consists of people who own apartments (members) in the complex. They can be opted on to or off the board of directors at AGMs. Initially, the management company includes the developer/builder of the complex usually until there are sufficient apartments (or all) sold.

A management company (an independent company whose business is to manage the running of a complex) who supplies managing agents to take on the work of managing a complex according to the complex's management company's directions.

Maybe on so clear but read it several times to understand. I know what I mean - but it may not be evident by what I have written!


----------



## ontour (2 Mar 2012)

Polsmith63,

Do you know who the directors or the management company are?  Can you approach them and speak to them about the key?

Is there an AGM or any other residents meeting soon where you could raise the issue?

Is there a management agent in place that may be able to follow up your communication to the management company?

There is always the option of writing to them again, indicating that you will withhold your service charge if they do not engage to resolve the situation.  Not paying service charges is a really bad idea but sometimes the threat of it spurrs some action.


----------



## polsmith63 (2 Mar 2012)

Have just paid my service charge in January.  Not to have done so would have given them the moral high ground which I believe I hold at the moment (IMHO).  I have spoken to and emailed a director of the MC but same reslult "we will call you back".  Short of actually going into their office I think that I have given them a fair chance.  The really annoying thing for me is that they cashed my cheques within days of receiving it over a month ago


----------



## ontour (2 Mar 2012)

You are right to pay the management fee.  If you can call in to an office it is likely that you are talking about a management agent rather than the management company.  The management agent is employed by the management company to take care of the administration.  The management company is the collection of all the owners with a few being elected as directors.  Calling in to the management agent is probably a good idea !


----------



## round1 (4 Mar 2012)

Do you attend your Management company AGM each year?. This is where issues like this key payment are raised and discussed.


----------

