The “Priory Hall Situation” and the April Fool's Day Connection?

An Open letter to the Builder and Developer, Mr Tom McFeely, and the Priory Hall Apartment Complex in Donaghamede, Dublin 13

Dear Tom,

Do you remember me, I bought a two bedroomed apartment from you in 2006 for nearly €300,000.I've just been offered a job in New Zealand and I've asked the local estate agent to sell my apartment and he wasn't very upbeat about the prospects of finding a buyer until you can sort out all the fire safety issues but I with glad to hear that you think you can have all this sorted by the end of November, it certainly won't help my prospects of selling my apartment on the basis that you probably won't be able to make the whole complex totally fire safety compliant until maybe the end of February 2012 when we all move back in again at the end of November I hear that we will have a 24-hour Fire Warden resident on the premises!

I've asked my solicitor to handle all the legalities when I find a buyer. However, Katherine tells me that Priory Hall is not Muds Compliant?

My solicitor gave me a copy of the Multi Unit Developments Act 2011, she is a very direct woman and she told me very clearly that what I got for my €300,000 was effectively a right to pass through the common areas, breath the air in my apartment and most of what I thought I “owned" appears to be what is known as the "common areas" and she told me that these common areas are owned by the management company, Priory Management Limited of which you and your brother Noel are the directors and I think all of the residents are the members.

My solicitor told me that you as a director were required to send me the audited accounts every year 21 days before the annual general meeting but I don't recall ever receiving these from you and I just find it hard to take on board that what I thought I "owned" appears to vest with this management company that is controlled by you and Noel and is late with its accounts and returns to the CRO and is at risk of being struck off the register in future.

My solicitor told me that if the company is struck off the register, that the company will have no legal existence and the "common areas" will vest with the State in the name of the Minister for Finance, Mr Michael Noonan! I thought our situation was quite messy and complex would it now seems to be taken on a life of its own and I'm getting more confused as time goes by.............