I am seeking your assistance in highlighting a serious consumer-affairs issue regarding a long-standing failure to address a health and safety hazard in my apartment. Since reporting a dangerously loose window to the management agency, late last year, I have been met with delay after delay, despite repeated follow-ups. While I was initially told a contractor would be consulted, no meaningful action has been taken, and I have been forced to arrange my own temporary fixes.
Each storm exacerbates the issue, yet the management company has failed to provide a clear resolution. This is not the first instance of neglect – last year, a leak in my second bedroom took 10 months to be addressed. This situation has caused my wife and me considerable stress, and I have now sought legal advice. I believe this type of mismanagement affects many property owners, and I would appreciate your help in bringing attention to it. What would you advise a homeowner to do in this situation?
A consumer-affairs issue normally relates to an issue with a product or service that a consumer has purchased. The relationship between an owner and their management company may not constitute a consumer-affairs issue given that the owner is a member of the management company and is eligible to become a director of the management company. This would give them the power to ensure that the management company properly fulfils its obligations to all owners, such as proper maintenance of the building.
I note that while you describe the broken window as a health and safety hazard, you don’t detail the exact circumstances. In addition, the nature of the water leak which was resolved by the management company would be important to understand because each water leak is different and will require different remedies and periods of time to resolve. Notwithstanding these information gaps, I will consider the two issues you raise in general terms.
In a multi-unit development, the windows generally form part of the structure of the building and in this regard are in the ownership of the owners’ management company (OMC). When there is an issue with the window it is therefore the responsibility of the OMC to have the issue addressed. Similarly, when a water leak occurs into an apartment, and is coming through the common areas, the OMC must ensure that the water leak is stopped. The cost of repairs may form part of a water damage claim on the buildings insurance policy.
With regard to the loose window, there are two main ways that an owner can address such situations. Obtaining legal advice and seeking a legal remedy is one route but I believe the most effective route would be for the owner to become part of the solution.
The operations of an OMC are based on the principle of collective responsibility, whereby all owners are members. As such, all owners have a responsibility to their OMC to get involved in the running of the company either formally, by becoming a director, or informally by being a member of the residents’ committee.
The best-run OMCs and apartment blocks are the ones where the owners themselves are engaged and involved in the running of their OMC. A high level of understanding and acceptance of responsibility by owners means they have more control over the OMC’s decision making and can ensure better outcomes for all concerned.
As always with OMCs, proactive and constructive engagement by owners is always more productive than criticising from the sidelines.
Aisling Keenan is a property managing agent, consultant and an associate member of the Society of Chartered Surveyors Ireland
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