Property Clinic - Irish Times

This post was created on 09-07-2013 06:07:11

QI am on the board of the owners’ management committee of a multi-unit complex in north Dublin. The common areas have been handed over and we want to appoint a new managing agent.

However, we are having significant difficulties in securing a lot of the documentation from the incumbent agent and the developer and are concerned that this may not happen once we appoint a new agent. Is there anything we can do? Is there some point in the legislation that requires the agent to do so?

AI will assume that you are on the board of the owners’ management company and not a committee as the difference in legal standing between the two would greatly reduce your ability to involve yourself in such matters.

According to the Multi-Unit Developments Act 2011, where transfers of the common areas to the management company have not occurred since April 1st, 2011, then the developer is required to furnish the particulars of Schedule III to the OMC – such as stamped and registered counterpart leases for each OMC member, test records of drainage, safety files, warranties and manuals relating to plant and machinery, contracts, development and systems drawings and confirmation that the development has been built in accordance with the relevant legislation – among other criteria.

If the documents are not forthcoming some detective work will be necessary and you may consider appointing a professional to undertake an audit of the various items involved.

I would recommend that you seek legal advice on this matter while you have the opportunity to negotiate with the incumbent agent.

If it is at all possible, try to ensure an amicable relationship with the incumbent agent before the transfer.

Paul Huberman of H&H Property Management is a member of the Society of Chartered Surveyors Ireland,