Complaint from Management Co about Party

Round Tuit said:
The management company are hired by all owners via their elected Board. .
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This is incorrect. The management company is an entity owned/controlled by the householders as shareholders in the company. The householders/shareholders elect a board who oversee the operation of the management company. The management company through the board of directors usually engages the services of a management agent/agency to deal with the day to day management of the development. The agent is simply a client of the company and acts on its instructions. Many people mix up the company and the agent and the rights/responsibilities of each.
 

A few times over the years I've had problems with the residents of (usually rented) properties in the development throwing parties which got out of hand in which case I attempted to make my complaints in person directly but when that generally failed (it's difficult to reason with people when they are pissed/stoned) I just called the Gardaí who soon sorted matters. Except in the case of habitual transgressions I would generally not bother involving the management company/agent. There was one incident when a bloke at one of these parties literally ran across the roof of the two story terrace of houses. I attempted to "reason" with him directly but luckily I was restrained by somebody else!
 
Clubman - you're absolutely correct and I did mix up the terminology, and your clarification is very clear. When it comes to getting letters about complaints etc I would have thought the Board would probably get the agents to do that - I know the contact number for my agents, but I don't know the numbers of the Board members - I just about know 1 of them to see. Would I be correct? I'd agree that most problems are in relation to renters who probably aren't aware of the contents of the lease their landlord signed on purchase.
 
In my case I generally report issues (e.g. to do with grounds/garden maintenance, street lighting problems, nuisance parking etc.) directly to out management agent (and by email at that) and they generally take care of them. I would not really know the directors of our management company and have missed most of the AGMs in recent years because they are held in the late Summer/early Autumn when I normally take off on holidays. I wouldn't normally report anything other than complaints about the management agent themselves to the directors. That's how I operate anyway!
 
Hi,

Thanks for all the replies. I do agree that having a management company can be a good thing and yes if someone is a repeat offender in whatever it is they are doing then by all means complain to high heavens but I suppose my gripe all boils down to the fact that the horrbile neighbour actually went to the trouble of making an offical complaint over a once off incident.

Although these agreements do say no loud music etc after 12am in theory it's not great is it? Are people supposed to throw out their guests or say right that's it no more music as it's after midnight? People are always going to have parties in their houses and as long as it's not happening all the time is it not acceptable to have the odd one on occasion. With smoking bans and pub prices more and more people are staying in now and the whole business of taking these things too seriously is a bit Big Brotherish don't you think where we can't do what we want in our own homes (obviously within reason)
 
If a householder/management company shareholder objects to certain rules laid down then presumably they could lobby the other members and propose a motion at a general meeting to have them changed?
 
When we bought our house we signed a 'good neighbour' agreement. But I think that there may be a private Mgmt co taking over the estate soon. Do we have the option of not joining?
 
MargeSimpson said:
But I think that there may be a private Mgmt co taking over the estate soon. Do we have the option of not joining?
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That sounds unusual. Was the development previously taken in charge by the local authority and is it now moving to private management? I've heard of developments going from private managament to being taken in charge by the local authority but not the other way. Can you explain the context of this change?
 
We have never had a private Mgmt co, but now that the estate is finished it was implied that someone was taking over the maintenace of the estate.
 
OK - that's different. I didn't realise that the development was still work in progress but is now nearing completion. You should check with your solicitor as to what agreements, if any, you have already signed covenanting to join a management company arrangement. My guess is that if the plan was always to have the development under private management then you have already signed undertakings to join.
 
ClubMan said:
If a householder/management company shareholder objects to certain rules laid down then presumably they could lobby the other members and propose a motion at a general meeting to have them changed?
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Has anyone ever done this and if so, was it easy to do? I would have thought that it would be fairly complicated, as each apartment owner would have to sign a new agreement, which would invlove solicitors and hence €€€.
 
It could well be. In spite of having signed one I'm not totally au fait with how the management agreement is structured/phrased and if/how the management company can change aspects of it. I could be completely wrong and the rules to be adhered to are in a separate legal agreement/covenant while the shareholders can only change rules (e.g. articles and/or memorandum of association) relating to the company itself.
 
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