Management Co's

Murfs

New Member
Hi there,

We are residents in Ongar and we heard that there was a court case where 2 residents went to court (and won) against the developers and their mgmt co's in 2006 or so.

We're trying to establish facts about what actually happened. If you could help that would be great.

This is what we know:

“In March of last year (2006), two residents of Tyrellstown refused to pay their service charges, claiming that it was double taxation.

They were ordered by court to pay over €1,000 to companies managing their housing estates. However, seven months later, on October 19, the action group won a substantial victory in the Circuit Court. In a case involving a Tyrellstown householder, the management company was found to be at fault for pursuing a householder for fees, while the common areas were still in the ownership of the developers.

The court also found that the fees being sought were not properly certified.

Judge Alan Mahon ruled that the defendant was entitled to know what precisely he was being asked to pay for so that he could then dispute any aspect of it. Secondly, he ruled the plaintiff lacked proper legal standing - simply being the agent for the developer, did not give them a right to claim.

According to Charlie Cleary, following this ruling, 24 further cases were heard in the small claims court, including his own, and similar decisions were made.

‘‘The majority of residents here want management companies to take care of the upkeep of common areas in the apartments, but not in the houses,” Cleary said. ‘‘The management companies were never supposed to be in the housing areas - we wish the council would get more involved in the situation, because it’s the residents against the developers at the moment.”

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If you could provide any clarity on the above we would be very appreciative.

Does the ruling mean that while the common areas are still in the ownership of the developers, no fees should have been sought / collected..? And that the housing areas were never to be included...only the apartments?

Any help appreciated.
 
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