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Buachaill, Lawyer
Category: Republic of Ireland Law
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Experience:  Barrister 17 years experience
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The management company of the apartment I own have decided

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The management company of the apartment I own have decided to put access fobs on the lifts. They will only give fobs to resident who are up to date on their management fee's, Im quiet a bit behind so they will not give me a fob. My apartment is on the fifth floor, is there anything I can do?
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Customer: replied 3 years ago.

I still need assistance on this one.

Thanks, Ross.

We will search for a professional in Ireland for you.
1. The provisions of sections 20-22 of the Multi Unit Dwellings Act lay down the basis for house rules of management company. In none of these statutory provisions is power given to management companies to restrict owners access to their apartments in multiple unit buildings. As a result as there is no power in law to prevent access, then the management company cannot prevent access to lifts. The Act is quite clear, that any debts owed by the management company can be collected as a simple contract debt against the owner of the individual unit. No power is given to restrict access to the unit or to the use of the apartment block. Accordingly this system of lift fobs is a blatant attempt to get around the provisions of the Act, as no provision is laid down in the Act for preventing the owners from using any part of the common areas of the multi unit building. This includes the lifts. So there is no lawful basis for the management company to prevent you using the lifts. They essentially have to sue you for the arrears of management fees, not prevent you gaining access to your apartment or force you to continually tramp up five flights of stairs. I would advise you to get a solicitor to formally write to the management company and point out the lack of a lawful basis for their new practice.
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Customer: replied 3 years ago.

Thanks for your response, would it be possible to contact you directly with regards XXXXX XXXXX solicitors letter? If not could you recommend someone?





2. Experts are prohibited by the Terms & conditions of this website from having any contact with Customers outside this website. So I will not be able to deal with you. However, if you want someone experienced in this area, try Conor Bowman Barrister, or contact Roddy Tyrrell,solicitor, Haddington Road.
Buachaill, Lawyer
Satisfied Customers: 10110
Experience: Barrister 17 years experience
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