Mgt Co Debtors- name and shame?

[jennypops]

Hi,

Looking for some advice here re debtors in our management company.

Our management agent recently confirmed to us that they had sought advice on whether or not debtors info could be given to members and that it was not permitted.

I know a few developments that do make this info available to members and I would of thought that as shareholders we were entitled to this info.

The developer is still the Director and this looks like it will be that way for quite some time so a residents committee was recently set up to try and get members input into how things are run.

There is a problem with debtors in the estate, and persistant ones at that, some people feel that making it known who has not paid would maybe get people to pay up.

Its very unfair that they get away with it, they are racking up 2 or 3 years fees before legal action is taken as the mgt agent feels that taking to court for amounts under 600 euro does not make financial sense, fair enough.

But then time and time again we are seeing the legal fees increase which every member has to pay towards, and debto collection and interest being wiped off the debtors account if they agree to pay something.

So not only are the payers paying their own fees they are paying for the fact that others dont pay on time etc etc, I am also wondering if the fact that a debtor can refuse to pay legal costs can a paying member refuse to pay the legal costs on a budget...and also does anyone know the actual legal view on naming and shaming?

 

[shesells]

Various management companies seem to have received differing advice, ours was that we can list the units who are not paying, in a communication to all members of the Management Company, not to residents. We list unit numbers, it is up to members to seek a list of owners (which they are entitled to).

No owner can choose what part of the budget they contribute to, they are obliged to pay their fees, which go to the total budget of the company.

I would suggest forming an owners committee rather than a residents committee while the developer remains director of the MC. That way you are all members of the management company and entitled to financial information and input. Check out www.apartmentowners.ie for some recent information on debt collection by management companies.