The owners’ management company (OMC) at my small apartment complex has chosen not to outsource maintenance to a professional managing agent. Perhaps the fees for fewer than 30 units renders this uneconomical. It was not an issue until last month, when an electrical fault in the common areas impacting on the shared fire alarm was left for more than two weeks before being fixed. With the restoration of electricity, however, the fire alarm system is now showing a fault with one area.
The OMC has said it will be fixed shortly through a scheduled service, rather than an emergency call-out by the alarm company. It has also said that, as the fault arises from an issue with an alarm inside a unit, rather than in the common areas, it is not its responsibility. I’d assume the common fire alarm system would be an issue for the OMC in all cases, not just in the common areas, but I may be biased by the delay involved in repairing the initial fault. Can you advise?
Your query raises a number of issues. In relation to the fact that your OMC is self-managed, a shortage of managing agents means this is not uncommon. The introduction of a system of licensing for managing agents in Ireland in recent years by the Property Services Regulatory Authority (PSRA) has been a good thing as, over time, this will increase standards and regulation.
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However, the requirement for a licence limits the number of new entrants to the sector each year. As such, as the number of apartment blocks grows, and as existing blocks get older and have more complex requirements, many blocks struggle to find a managing agent at a fee they can afford.
A managing agent needs to undertake a wide range of tasks. These include having good systems to collect service charges (and dealing with owners who do not pay); managing a wide range of contractors; overseeing repair and upgrade projects; liaising with different legal and property professionals; communicating with residents; and organising and managing meetings of property owners.
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Even for professional managing agents, covering these tasks is a challenge (especially for smaller agents). If a development does not have an agent and owners are trying to do OMC tasks in their own time, it is possible there will be weaknesses in certain areas. This is an increasingly common issue – and is a challenge for many multi-unit developments.
That is not to say that property owners do not have the right to manage their own development. They do and, in some cases, do so to a high standard.
In relation to the specific issue you raise, it is not clear what the precise fault is with the fire alarm system, or with whom you have been in contact when you say you were in contact with “the OMC”.
To be clear, the operation of the fire alarm system is the responsibility of the OMC as a whole. That includes issues that arise in the common areas and issues that arise inside individual properties
As a general principle, it is important that the fire alarm system as installed is operating. As such, an OMC should not delay a repair until a scheduled visit if there is any safety risk. In this case, it seems there was a delay of two weeks to deal with the first issue and then a further delay of a week or so to deal with the second. This does not seem to be good practice.
The ideal situation is to have a fire alarm panel that is fault free. While faults will present from time to time on every system, they should be addressed as quickly as possible.
Note that, in some cases, a panel can show a fault, but the alarm may still be functioning. For example, a resident may have disconnected a detector inside a property (for whatever reason), but the alarm may still be functioning overall and may still activate in the event of a fire – including via sounders in that unit.
It is possible that the owners in your block who are dealing with this issue have information in this regard, based on their knowledge of the specific fault and the system as installed.
To be clear, the operation of the fire alarm system is the responsibility of the OMC as a whole. That includes issues that arise in the common areas and issues that arise inside individual properties. It is also the case that residents should never interfere with detectors or sounders or with any other part of the communal fire safety system.
Finbar McDonnell is a chartered property manager and member of the Society of Chartered Surveyors Ireland
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