# Apartment above mine subject to Court Order. Mgt Co not Enforcing



## mercman (6 Oct 2010)

I own an apartment. 

The Apartment above was sold and new owner refurbished throughout and contrary to the terms of the lease. 

My solicitors took action against MC who in turn took action against new owner, went to Court and Court Order issued against new owner.

This was in 2007 and since the Order there is still a huge amount of noise from the wooden floor and marble tiles in Bathrooms and kitchen which were ordered to be covered.

The Management Co & Agent refused to undertake inspection in order not to disturb tenant but recently had to go into apartment and noticed a part of the property still has wooden floor. 

As well as this each time they use an appliance in the kitchen there is a gushing of water noise running over mine, which frankly drives me mad. 

I have ceased paying Management Charge but the MC still refuse to act on the Court Order. 

Any ideas in giving me back my piece and quiet which I relish, the same as I had before the new owner refurbished.

The property is let and his tenants are not aware of the disturbance.


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## pixiebean22 (7 Oct 2010)

To be honest I would assume that this is normal when living in an apartment, and by this I mean the level of noise.


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## truthseeker (7 Oct 2010)

The apartment above me has hardwood floors (contrary to management rules). It was rented out to a couple of studenty types who I never heard an iota of shoe noise from, but then they moved and the landlord and his partner moved in. She is a classy lady who wears high heels and anytime she walks in the apartment in her heels you can hear it loud as a hammer in mine. So I just said it to them - now she very rarely walks around the back of the place in heels (ie, not over the bedrooms). They were very nice when I said it to them - they just didnt realise.

Previously to this the studently types had stereo speakers on the floor of the sitting room which would vibrate the bass through my ceiling when it was on - one of them was in my sitting room one day and realised how loud it was so they mounted the speakers on cushions and problem solved.

I hear a lot of water appliance noises but its just background noise to me now - its part of apartment living.

Mercman I would advise you to say it to the tenants about the floors - not to wear heels or noisy shoes on them as it affects you. Most people are very accomodating when you say it to them.


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## mercman (7 Oct 2010)

truthseeker said:


> Mercman I would advise you to say it to the tenants about the floors - not to wear heels or noisy shoes on them as it affects you.



No Can Do. The tenants are particuaily nice people but represent an Embassy. The problem is with the owner of the property, who professed that he would never install a wooden floor. 

The Management Co have dilled and dalled around this problem instead of dealing with the problem originally. The lease document clearly states NO WOODEN FLOORS.


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## mercman (7 Oct 2010)

pixiebean22 said:


> To be honest I would assume that this is normal when living in an apartment, and by this I mean the level of noise.



Incorrect. How come there was no problems whatsoever before the wooden floors were installed and he installed a Jacuzzi Bath. 

I have lived in apartments before with no problems. I am not prepared to have a constant banging from the floors above and in evening time have a constant flow of water above me. What is the purpose of a Court Order if what you say is normal apartment living.


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## canicemcavoy (7 Oct 2010)

Surely this is a problem with the building rather than the apartment? Is it true that I could buy an apartment and then find I can't have wooden floors in it? (Currently having wooden floors, after previously always lived with carpets, I'm a convert.)


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## truthseeker (7 Oct 2010)

canicemcavoy said:


> Surely this is a problem with the building rather than the apartment? Is it true that I could buy an apartment and then find I can't have wooden floors in it? (Currently having wooden floors, after previously always lived with carpets, I'm a convert.)


 
Yes - its in the rules/lease of a lot of apartment blocks. Its mostly ignored (in my experience).


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## Papercut (7 Oct 2010)

I assume you have brought the matter up at an AGM? 

The ideal situation would be if you could get nominated & elected to the Board.

Perhaps if you contacted the Clerk of the Court from which the Order was issued they might be able to advise you if you have any options?

I would also request a meeting with the Board of Directors & advise them that if they don't act that you will personally contact all apartment owners to bring the matter to their attention. Easier said than done of course, as more than likely quite a lot of the apartments are not owner occupied, & it's not as if you could give a bunch of letters in sealed stamped envelopes to the MC & ask that they address them, especially seeing that you have withheld your fees & that the letters would portray them in a negative light. 

However, with a bit of time, commitment & legwork it would be possible for you to contact quite a lot of owners via their tenants if you were nice about it.

Is there a seperate residents committee that might be able to put pressure on the Board to do something?


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## mercman (7 Oct 2010)

canicemcavoy said:


> Is it true that I could buy an apartment and then find I can't have wooden floors in it? (Currently having wooden floors,......... I'm a convert.)



Apartment living is governed by the Lease applicable to the apartments. If you placed a wooden floor in your apartment, then you could be forced to remove same if the Lease states a No No to wooden floors. You might be converting back again.


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## purpeller (7 Oct 2010)

OP,
What have you been doing since the apartment was renovated 3 years ago about this problem?  

Do as Papercut suggests above.  

Not all leases have a wooden floor exclusion.  I have them and so does my upstairs neighbour.  It was a bit annoying at first but I got used to it...and I can hear their water pumps as well.  I think like Pixiebean22 said, there's a certain amount of noise in apartment blocks that you just have to put up with.


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## pixiebean22 (7 Oct 2010)

I mean I'm not saying this is normal and that's life, obviously if you have a court order then there is a certain amount of the law involved but I just assume (this is why I've never lived in an apartment) that noise like pumps, appliances and people walking around is normal and to be expected in an apartment block?


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## truthseeker (7 Oct 2010)

pixiebean22 said:


> I mean I'm not saying this is normal and that's life, obviously if you have a court order then there is a certain amount of the law involved but I just assume (this is why I've never lived in an apartment) that noise like pumps, appliances and people walking around is normal and to be expected in an apartment block?


 
As an apartment dweller - yes, a certain amount of noise is normal. I hear water pumps, washing machines, TVs, music, heels on wooden floors, hoovers etc... A lot of the time I simply dont notice because my own tv is on or my own washing machine is running. A lot of it comes down to being respectful during times when people may be sleeping. I couldnt care less if my upstairs neighbour is tromping around in her high heels at 7pm in the evening, but if she is doing it at 4am above the bedrooms on a regular basis its a problem. I keep ear plugs on hand for the odd occasion that someone has a party.

But if its interfering with your quality of life it must be addressed. When I first moved in the stereo above me was driving me mad with the sound vibrating through my ceiling. Literally mad. I couldnt relax in my own home from it. Luckily it was a quick and easy sort with nice neighbours - but in mercmans case, he is being subjected to floor noise and jacuzzi noise and its interfering with his own quality of life and thats not on.

mercman - what is your own solicitor saying about this? Considering there is failure to comply with a court order Im sure someone must be able to enforce it or prosecute further?


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## mercman (7 Oct 2010)

The problem is that the Management Company must enforce proceedings not me. So I will have to get my Solicitors to act against the MC as this situation is driving me mad. Normal noise I will put up with, but a constant banging, from 6 in the morning to 12 at night just does my head in. The properties were originally sold in the '80s for their soundproofing. It takes one jerk in a new millenium to mess it up for everybody.


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## jaykayphd (7 Oct 2010)

mercman said:


> *Apartment living is governed by the Lease applicable to the apartments*. If you placed a wooden floor in your apartment, then you could be forced to remove same if the Lease states a No No to wooden floors. You might be converting back again.


 
I assume your own lease says that you have to pay your service charges on time each year or quarter! By withholding these charges you are probably breaking your lease agreement and cannot be helping your cause.


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## mercman (7 Oct 2010)

Maybe, but the Management Company have broken the terms of the lease three years ago by allowing the wooden floor to be installed. And a Jacuzzi Bath and electic Power Showers. How many thies does one have to write to ensure the terms of the lease are acted upon. IMO let the owner of the apartment above pay the charges. In fact as far I know he is in arrears for three years on his own property. Sent him registered letters and he has done nothing.


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## Complainer (7 Oct 2010)

Have you considered running for Director of the management company yourself?


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## mercman (7 Oct 2010)

No thanks. For what purpose ?


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## jaykayphd (7 Oct 2010)

mercman said:


> No thanks. For what purpose ?


 
So that people like you and your neighbour above pay their fees as per your lease and that a sterner attitude is adopted by the board of directors.


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## dahamsta (7 Oct 2010)

If it's subject to a court order and talking to them isn't working, can you not revert to the court?


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## missdaisy (7 Oct 2010)

I think the only way you can achieve anything is by taking action against the management company. From what you say the Court Order is an Order in favour of the management company against the property owner. I don't think you can enforce that as a person who would benefit from it being enforced, I think you will have to pursue management company to enforce it. This of course means legal costs for you.

Are there any others in your apartment block who would roll in with you to take this kind of action?


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## Complainer (7 Oct 2010)

mercman said:


> No thanks. For what purpose ?


So that you get to influence what the mgmt company does from the inside.


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## missdaisy (7 Oct 2010)

I have to say Complainer that there is a good portion of what you've said on askaboutmoney I haven't agreed with but I do agree with the advice for mercman to get involved in the management company as a resident. That way OP you can put your situation to other residents and you might get a mojority decision to enforce the order against this property owner.


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## mercman (7 Oct 2010)

Perhaps Complainer after thinking about it. I am not a full time resident there, just a part time occupier and family when in Dublin for business etc. Had a tenant from an Embassy previously but they left as the noise was too intense. This is ongoing for over three years and whilst others state that I should pay my MCharges, I say for what. After hundreds of letters and phone calls, it is for me to bring my Solicitors on board again. What a nightmare.


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## Complainer (7 Oct 2010)

mercman said:


> d whilst others state that I should pay my MCharges, I say for what.



Because you're a shareholder in the management company. You own part of it. If you don't pay the charge, how can you expect it to do its business?


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## mercman (7 Oct 2010)

I have paid every year prior to this year and it has done me no good. There have been occasions when we have had to move out of our own property as it was so noisy... but the MC still did nothing. They refused to make an inspection.


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## mercman (29 Oct 2010)

The MC annual meeting was held earlier this week. As mentioned previously I have not paid my fees this year yet. The apartment overhead has not paid his either for the past three years. A photo was taken of the overhead apartment by a contractor working for the M Agent and yes the wooden floor has not been covered, nor have the marble tiles in the kitchen or bathroom been changed. 

And to add insult to injury there appears to be a change in tenants above - a number of students I think. And believe me it is like a heard of elephants walking above me. As the MC drag on and on, I have decided to instruct my solicitors to issue proceedings against the MC to have the Court order implemented. As well as that I will have to get the sound experts that I used previously to undergo sound tests. And the power shower has been reconnected, but according to the M Agent this was not part of the Court case as it was forgotten. The works undertaken at the property are in breach of the lease but this was not challenged by the MC. 

Ideas please.


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## ajapale (6 Nov 2010)

mercman said:


> Ideas please.



Have you actually discussed your proposed course of action with your solicitors? What do they advise?


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## mercman (6 Nov 2010)

With my main firm, No Not yet as the solicitor that acted for me previously has been off very ill. Mentioned it to the Barrister while passing in the Four Courts and he is willing to act again for me. In fact will do a note to the solicitor over the weekend as this has gone on for too long and the owner above is simply sniggering at the Management Co and myself.


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