Complaints can arise with the conduct of OMC directors, or the property management agent. The nature of the complaint will determine how to go about getting it resolved.
- The first port of call should be the directors of the OMC. Their names are publicly available from-
- The Register of Directors and Secretaries maintained by the OMC
- Your OMC annual accounts (also known as financial statements)
- The Companies Registration Office
- Directors will attend the OMC AGM. You may raise your concerns in that forum. However, you do not have to wait until the next AGM comes around. Concerns may be raised by way of a letter to the company secretary.
- A company secretary is someone who carries out the administrative and legal duties of a company. For example, he or she-
- Helps to make sure that the company obeys both the law, and the rules in the company’s constitution;
- Is the point of communication for company correspondence;
- Prepares and maintains the company’s legal documents;
- Carries out the instructions of the company directors;
- A company secretary may be either a person or a company that specialises in providing such services. The secretary is appointed by the directors, and may be one of the directors.
- The secretary’s details are available from the same sources as are directors’ details.
- As mentioned above, all owners are members of the OMC. The OMC is required by law (Section 169 Companies Act 2014) to have a list of all the members. This is known as the Register of Members. It must by law contain-
- Names of members
- Date at which entered on the register as a member
- Date person ceased to be a member
- By law (Section 216 Companies Act) the register must be open to inspection by any member of the company without charge.
- The register must be kept at the registered office of the OMC. This could be the office of the OMC’s solicitor. It might be the management agent’s office, however this is not best practice.
- By law any member may request a copy, or make a copy, of any part of the register. An OMC must, within 10 days after the date of receipt of a request for a copy of the register, ensure it is sent to the member.
- The person responsible for providing this information is the secretary of the OMC.
- Write a letter to the company secretary at the company’s registered office address, giving him or her 10 days to provide the information.
- If you don’t get the information, or a reply, complain to the Office of the Director of Corporate Enforcement (ODCE). Their complaint form is here - ODCE Complaint Form
- The ODCE may then contact the secretary to so that he or she complies with your request.
- The register is a public document
- The OMC/secretary have a legal obligation to provide you with a copy
- You are requesting it for the legitimate purpose of communicating with other members in relation to the affairs/running of the OMC.
As its name suggests, the Property Services Regulatory Authority regulates licensed management agents. The PSRA has provided detailed guidance on its complaints process- click for information on their website.
- Is this right for your estate? Do the directors have the necessary skills, experience, time and commitment to undertake the work involved?
- You should be aware of the important provisions of the . This requires property services providers to hold a licence.
- Under of the legislation, “property service” is-
“the provision, for consideration, in the State, in respect of property located within or outside the State, of any of the following—
(a) the auction of property other than land,
(b) the purchase or sale, by whatever means, of land,
(c) the letting of land (including a letting in conacre or for the purposes of agistment), or
(d) property management services,
(i) a property services employer,
(ii) an employee of a property services employer,
(iii) a principal officer of a property services employer, or
(iv) an independent contractor;”
- “Property management service” is-
“services in respect of the management of a multi-unit development carried out on behalf of a management body, and such services include—
(a) administrative services, and
(b) the procurement of or any combination of the maintenance, servicing, repair, improvement or insurance of the development or any part of the development;”
All this means that anyone involved in self-management of an estate who receives remuneration/consideration should be required to obtain a licence from the PSRA. The waiving of management fees for the directors’ properties is likely to be viewed as “consideration”- it is an indirect form of payment.
Under of the PSRA Act, it is an offence to provide a property service unless the person is the holder of a licence which is in force in respect of that property service.