Q We live in a small development in Dublin that is effectively all apartments. Each property has its own hall door to the street so there are no lifts; each property also has its own private, enclosed space outside (small garden or patio). We bought the property a few months ago and moved in recently. The management has a list of house rules for the development regarding parking, noise, etc. There is also a rule that says: "No animals which cause a nuisance and no dogs."
We have a small family dog. I would prefer to have bought a house with a garden, but this property was the only one within my means in the area I wanted to live in. At least five other residents have family dogs. One of the dogs has lived here for five years, but the owner has had a number of approaches over the years asking them to get rid of their dog. They ignore the approaches but find it very unpleasant.
All of us are extremely responsible owners, either driving or carrying our pooches out of the estate for walks. I work from home, so the dog is rarely alone. What is the status of this no dog "rule"? Has it any legal weight? What can they do? As far as I am concerned I have an animal which does not cause a nuisance, but it is a dog. I can understand why there might be issues with communal stairs and lifts if people are allergic to animal hair, etc. But I think it is totally unreasonable to dictate to people who buy their own properties and are good neighbours and cause no problems.
I have no problems at all with my immediate neighbours who all admire my dog from time to time and as usual I am told it is just a tiny number of people who, of course, run the committee who have any problem with animals. I would really appreciate your guidance. Our dog is a member of our family, and I have one daughter crying in case we are forced to get rid of our pet.
A All members of an owners' management company (OMC) subscribe to the governing lease agreement and the house rules; as such the system does not have an "opt-in opt-out" function for the purpose of uniform clarity and equity.
As with all generic OMC lease agreements, there will always be an element of unsuitability for some members at either end of the spectrum of domestic residential use. You find yourself in the minority of which your personal circumstance does not conform to the pre-agreed system that makes up the sections of the lease in your development.
To articulate the point of rule-choosing, if you found that your neighbours were not paying their service charges, were leaving their clothes out to dry every day or were leaving their radio on all night, you may not be happy as it may not be a lifestyle choice that marries with yours.
It is the responsibility of every property owner within an OMC to be aware of the governing lease and binding house rules, so that they can observe same and be reasonably confident that their fellow members would oblige them in following the predetermined agreed rules.
An OMC works well when all members comply with the lease agreements and house rules. An OMC does not function as a prosperous living environment or as a suitable investment if members and their tenants ignore the lease and house rules.
A member of the OMC may take their case to the Circuit Court by way of application to the court under section 24 of the Multi-Unit Developments Act, 2011. This recourse is in place so that aggrieved members of an OMC may have their rights enforced as per section 24 (5)(M). Prior to this application the aggrieved member(s) should have made attempts to enter into mediation or a suitable dispute resolution process for the purposes of trying to avoid wasting the court’s time.
In my experience, many people have had a negative childhood experience to make them fear dogs, are allergic to their hair, do not enjoy listening to them bark or having them near their young children.
Paul Huberman is a chartered property and facilities management surveyor and a member of the Society of Chartered Surveyors Ireland (SCSI)
Curves and bumps
Q I am considering purchasing a Victorian terraced house in Dublin. While viewing the house I noticed that the inside of the external wall is curving and the adjacent floor is bumped; however, there is no trace of damp. My questions are: how critical is this wall belly, will it affect the stability of the wall and how likely are problems with wall cracks, floor shifting, etc? Can this be fixed within reasonable time and with relatively little expense?
AIt is not at all unusual with older properties to have various “bumps”, “curves” or movement such as deflection and settlement. This can be for a variety of reasons. This could simply be that the building is, like ourselves, aging gracefully, and this sort of movement/distortion ultimately becomes part of the character of the property.
On the other hand, the movement could be indicative of an underlying problem with the building, such as decay in timbers which gives rise to shrinkage and ultimately to cracking and/ or bulging/settlement. This is a common problem in timber joist ends where they are built into damp walls. Another typical problem can be with timber members in walls such as lintels over window and door openings or even bonding timbers which were traditionally used to strengthen the walls.
The cracks can be for a variety of reasons and may be as a result of settlement due to previous overloading or previous alterations within the house such as removing a wall at ground floor level or enlarging an internal door opening. Cracking can also arise as a result of nearby works such as major alternations in an adjoining property or road-widening works.
The difficulty for a layperson is that the symptoms will be the same; however, it is not that apparent as to the actual cause or implications of the movement. Furthermore, as the result is often the same, it would not be practical for a surveyor to make meaningful comments without undertaking an inspection of the building.
Therefore I would strongly recommend that if you are considering purchasing the property, you should have a full building survey carried out. The surveyor will be able to give you specific advice on the magnitude of the problems and the general order of costs for attending to same.
Val O’Brien is a chartered building surveyor and a member of the Society of Chartered Surveyors Ireland (SCSI)
Queries: Send your queries to propertyquestions@irishtimes.com or to Property Clinic, The Irish Times, 24-28 Tara Street, Dublin 2.
This column is a readers’ service. Advice given is general and individual advice should always be sought.
