Playing the management game

The usual scenario when an apartment development is built goes something like this: the apartments are sold and the freehold …

The usual scenario when an apartment development is built goes something like this: the apartments are sold and the freehold of the development is handed over to a management company supervised by a committee of residents. A management agency is chosen and it collects fees and carries out the administration of the development under the direction of the newly formed company.

But this sequence of events does not always apply. One substantial apartment scheme, Milltown Grove in Dublin 14, has, up to now, bypassed the need for a professional management agent because owners have taken responsibility for the maintenance and administration of the 48-unit scheme themselves.

Built in the 1970s, when apartment developments were relatively rare in Dublin, its residents were, in some ways, pioneers of a new way of life and had to learn the ropes as they went along. "At the time there weren't too many property management agents around so we took on to do the administration and collect the fees ourselves," says a resident committee member. "I think over the last 20 years we have done quite a good job. We get estimates for various contractors to do jobs around the complex and then we get together and decide which one to go with."

However, a combination of factors, including "the demands of the time of committee members and the complexities of modern life", have prompted the residents of Milltown Grove to look for a management agent.

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"It's time to put things on a professional footing. We've managed the place well ourselves but there is a small number of residents at whom others direct their problems and inquiries. If they are away on holiday and are the only ones with particular information on something, then who do the other residents turn to? And we are a public limited company so we have to make sure all the legal requirements of running a block are observed, which is becoming an increasingly complex and onerous task," he said.

They are currently seeking a suitable management agent and when one is appointed they intend to re-elect a residents' committee. "We hope that some of the more experienced people will stay on the committee and share the benefit of their knowledge."

The advantage of apartment owners doing it for themselves is that they save on the management agent's fees and can economise by sharing tasks such as tending the gardens and keeping accounts.

Of course, in a Utopian development all the owners would be equally willing to pitch in and do their bit but the reality is that the burdens usually fall on a small group, who don't get paid for their efforts. There is also the potential embarrassment of having to tackle a difficult neighbour who refuses to pay a service charge or who is in violation of their lease agreement. The intricacies of running an efficient block can be a headache - such as organising insurance policies, observing fire and safety regulations and making prompt annual returns to the Companies Office.

St Lawrence's Quay in Howth, Dublin 13, is a small scheme of 18 apartments built in 1996. According to one resident, the developer, Viridian Ltd, has yet to hand over the development to the owners. At the inception of the scheme, the developer appointed an interim management agent who was paid on a sub-contract basis to empty bins and clean common areas but not to provide a full management service involving maintenance or repairs. "The building badly needs to be painted and a proper contract for serving the lifts put in place," says one resident, "Apart from an initial service charge at the inception of the scheme, the developer did not ask for any service charges for two years. We had no sinking fund to pay for maintenance and repairs."

IN THE meantime, residents got together to form an owners' association. "In a bid to speed up the handover process each owner was asked for a financial contribution to employ the services of an architect to make sure the building had no inherent faults, a solicitor to advise us on legal matters relating to the hand-over and an accountant to audit the financial records supplied by the developer."

In January, the owners' association was given the impression that a hand-over could be imminent. In preparation, they set about looking for a suitable management agent.

"Because of the size of the development it appears it will not be financially viable to employ a management agent. The developer is still dragging his heels so we have decided that when it is finally handed over, we will manage the place ourselves."

When contacted by The Irish Times, Viridian Ltd issued the following statement: "It had been planned to hand over earlier but this was not achieved because of non-payment of the service charges; Viridian Ltd subsequently met with apartment owner representatives and facilitated them in having all costs and charges audited independently. The committee subsequently advised that they found the charges to be fair and reasonable and have advised all the owners to pay same. All other issues raised by the committee, including snags, have been dealt with to their satisfaction. The formal legal hand-over was scheduled for last week but was cancelled as the venue, the St Lawrence Hotel, closed prematurely. It is now scheduled to be handed over on October 26th."

According to the resident interviewed, owners of units in St Lawrence's Quay have as yet received no notification from Viridian Ltd informing them of the official date of the hand-over.

In the case of the 15-year-old Boyne Court complex in Harold's Cross in Dublin 6W, the "usual scenario" went more or less to plan, except there wasn't a happy ever after ending - at least not until Boyne Court Ltd terminated their contract with the initial management agent and appointed another one four years ago.

The first management agent was "unsatisfactory", according to Ronan O'Connor, who lives in one of the 48 apartments.

Before committing themselves to their current management agency, set up by two former employees of the first management company, they presented them with a detailed contract.

"The contract specified both parties' roles and responsibilities. It covered everything that was expected of them, things like cutting the grass, refuse collection and cleaning issues. We made sure they had proper public liability insurance and that any contractor they use would be covered by insurance. It's important that the contract should outline whether the agent will be paid in advance or in arrears, by cheque or by direct debit. We pay monthly in arrears to make sure the job is done correctly."

The arrangement has worked well. "We are really in partnership with the agent because we keep our own accounts and we write the cheques and keep track of a lot of things ourselves. The agents can't undertake initiatives without committee approval. But we don't have to get our hands too dirty - after all, most of us have day jobs.

There are eight of us on the committee and we meet the agents regularly and they share information with us on any issues that may concern us. They have access to qualified tradespersons and can advise us on how other complexes deal with issues like antisocial behaviour or refuse collection.

You have to have an agent you can trust - once trust breaks down, the services break down." Residents of Boyne Court pay an annual service charge of £360 per apartment per annum which is, resident Ronan O'Connor admits, "extremely low and unsustainable". Between the 48 apartments, this amounts to £17,280. From this, the management agency takes £520 per month - a total of £6,348 a year.

"The rest is spent on insurance, which amounts to £3,000 per annum, on-going repairs and other expenses such as electricity, carpentry, legal and auditing fees which amount to £5,000 a year. We have a surplus of £3,000 which is transferred to a sinking fund."