I reside in a flat situated within a large complex. Each building within our property is assigned its own shared garden for the building’s residents. However, the communal garden attached to our block is poorly kept. It’s littered with rubbish from past residents, old furniture, children’s toys (despite no children living in the flats), even a shed erected by a tenant without permission. The lawn and yard are in a state of neglect. I’ve brought this issue to the attention of the landlord’s representative multiple times over the course of the year, but to no avail. I wonder whether it would be viable to reach out to the management company managing the property directly or what action should be taken? Is it permissible for me to clean up the garden if nothing is being done? We’re eager to utilise the garden this coming summer.
Issues such as neglected communal spaces can indicate a myriad of problems within a Owners’ Management Company (OMC). They generally aim to liaise directly with the property owner in order to sustain a robust line of communication between the OMC and the property owner. More effective monetary management and greater compliance with lease terms is expected when all involved subscribe to the OMC framework.
It’s fair stating that when owner occupancy of a property rises, the property’s condition tends to improve. Regardless of whether a tenancy agent is present, the landlord must still keep up communication with the OMC. A landlord’s overly detached approach can lead to problems for the OMC, particularly if they depend on a tenancy agent attending to all property matters.
Frequently, landlords neglect to keep the OMC updated on the details of their tenants as per section 8 (3) of the Multi-Unit Developments Act 2011. Annually updating the OMC of their tenants’ details is a good practice for a property owner. The OMC agent is likely unaware of your identity and will need to speak to the owner directly concerning the situation.
The seemingly simple task of tidying up a shared space for the benefit of all can be stalled due to bureaucratic procedures and potential legal action. It is mandatory to have insurance coverage and conduct a risk evaluation before initiating any work. The OMC representative has the responsibility to ensure these fundamental prerequisites are met before sanctioning any work, as this requirement will be formally communicated to them upon your proposal.
Compose a detailed report to the property owner expressing your issues, and ask that these issues be presented to the OMC. Should your concerns be disregarded, the property owner has the authority to escalate the complaint at the annual general meeting. It wouldn’t be unreasonable of the property owner to provide you with an update, albeit it might require some time. However, the proprietor’s ability to achieve the sought-after result is restricted, because the brunt of the action lies with the OMC.
Paul Huberman is an accredited real estate and facilities manager, as well as a member of the Society of Chartered Surveyors Ireland.