# Mgt Co (having difficulty collecting yearly sub) - threat to cut ESB supply - Legal?



## LennyBriscoe (13 Oct 2008)

Got a letter from our Management company on Friday last. 

It seems they are having a problem collecting the yearly subscription from the members. 

In the letter they outline that they would be forced to take either of 2 routes to gather the money:

Legally
By cutting off the ESB to the units

Doesnt effect me as I have paid it, but just wondering do Management companies have the power to cut the power? 

I would imagine myself that they do not.


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## purpeller (13 Oct 2008)

*Re: Management Company - threat to cut ESB supply*

Do they mean to just the common areas?  It's usual for each apartment to have its own separate agreement and bill with the ESB.  If it is just common areas, this may have security concerns, i.e. electric-lock doors, car park gates.


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## LennyBriscoe (13 Oct 2008)

*Re: Management Company - threat to cut ESB supply*

To clarify they mean the ESB to the actual unit, not the common areas.


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## rmelly (13 Oct 2008)

*Re: Management Company - threat to cut ESB supply*

From the original post I read it as the management company planning to cut off supply to the units of the non paying apartments, rather than the common areas.

If this is the case then I'd be VERY surprised if this is legal. Will they involve the ESB in doing this or just do it themselves? Without ESB involvement they'd be interfering with someone elses supply, even with ESB involvement, it doesn't sound right as this isn't a non payment between ESB and the apartment, and the management company has no involvement in that contract.

What does the lease say about non payment of fees? Why did they single out ESB to be cut off - because it is convenient and wouldn't affect other apartments? Or did they get a large ESB bill they can't pay?


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## LennyBriscoe (13 Oct 2008)

*Re: Management Company - threat to cut ESB supply*



rmelly said:


> What does the lease say about non payment of fees? Why did they single out ESB to be cut off - because it is convenient and wouldn't affect other apartments? Or did they get a large ESB bill they can't pay?


 
Thanks for your reply rmelly.

When I purchased the house the clause dealing with yearly management fees stated that non payers basically faced a day in court. Have no idea why they singled out the ESB, perhaps to lever more pressure on people as ESB rather than the UPC connection is more vital to every day living.

No mention of outstanding liabilities with the ESB either.


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## bond-007 (13 Oct 2008)

*Re: Management Company - threat to cut ESB supply*

I would assume the unit owners have the ESB in their own names. In that case the management company officers/agents could be sending a while in prison if they interfere with ESB networks equipment. 

They can cut off the electricity supply to the common areas but as suggested it would cause trouble with security. Also if there were no lights it would pose a serious public liability problem for the management company.

I see it as an empty threat.


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## LennyBriscoe (13 Oct 2008)

*Re: Management Company - threat to cut ESB supply*

Thanks for the feedback folks.


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## Stupid Boy (13 Oct 2008)

*Re: Management Company - threat to cut ESB supply*

Management company have no right to cut internal ESB, and would have no access to do so either... ESB wouldn't entertain the notion!

They wouldn't even be in a position to cut communal lighting, this would only arise if, after numerous warnings from ESB, they still would not have received payment, this has happened in the past but is a very rare occurance as ESB and Insurance are the two most important service charge items!


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## bond-007 (23 Oct 2008)

*Re: Mgt Co (having difficulty collecting yearly sub) - threat to cut ESB supply - Leg*

How can they unless they break the ESB seals? A trip to Mountjoy will be on the cards if someone did that.


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## Hillsalt (23 Oct 2008)

*Re: Mgt Co (having difficulty collecting yearly sub) - threat to cut ESB supply - Leg*



LennyBriscoe said:


> Got a letter from our Management company on Friday last.
> 
> It seems they are having a problem collecting the yearly subscription from the members.
> 
> ...





I was in the same position a few months ago . A property management company threatened to cut off power to an apartment I have let out if I didn't pay fees. I have been dealing with this company for 6 or 7 years and have other properties that are managed by them. All properties are paid on time every year but I just mislaid the bill and forgot about the final reminder (it arrived on the day that I was leaving for a holiday to USA).

I paid when I got the threatening letter but I was very Peeded off about the threat to cut off ESB.

*MODS:*  Can I name the management company?


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## jdwex (23 Oct 2008)

*Re: Mgt Co (having difficulty collecting yearly sub) - threat to cut ESB supply - Leg*



Hillsalt said:


> I
> *MODS:* Can I name the management company?


#

They (the management agents) would have been acting on the instructions of the Management Company


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