Management companies
It is most common in Ireland for multi–unit development
ownership to be structured in the form of a company,
usually called a management company.
In new developments the developer generally establishes
the management company at the outset, often before the
first unit is sold.
As units are sold, each purchaser becomes a member of
the management company on completion of their purchase
transaction and receipt of certificate of membership.
For example, if 50 apartments are sold, there will be 50
members of the management company.
Typically, when the developer completes the development
and transfers his ownership of the unit and common areas,
the unit owners through the management company become
the legal owner of the common areas and responsible for
their maintenance.
Although the company is owned and ultimately controlled
by its members, they do not personally need to be involved
in the administration of the company’s day-to day affairs.
For example the members do not have to put their names to
contracts entered into by the company. Companies appoint
directors to do this work.When the management company
is first established, the developer or some of their staff,
associates or solicitor may fill these roles. Typically, when
the developer has finished the development and transferred
ownership of the common areas to the management
company, these directors resign. At this point, owners as
members of the management company volunteer to fill the
role of directors of the management company.
Although some management Companies are efficiently operated by their Board members, many have difficulties with the financial control and legal reporting requirements.
Too often the management is left to a small number of proprietors who ultimately find the role very onerous and unsupported, which invariably leads to frustration and dissatisfaction with the situation.
This is where the employment of a professional Management Agent to assist the Board of Directors is of great benefit to all the property owners. They will ensure that the funds are kept secure, that the legal requirements are met by the Management Company, that repairs and maintenance issues are promptly undertaken to maintain the value of the property and that professional negotiation skills are employed to resolve any issues and conflicts between members.
Managing Agents
As the task of maintaining the common areas can be time
consuming and specialised, many management companies
employ professional firms known as managing agents to
administer the maintenance of the common areas on their
behalf. Managing agents and management companies are
two very different entities and should not be confused.
The management company employs the managing agent
firm and ultimately the agent is accountable to the
management company for its actions.