My wife and I purchased our apartment approximately eight months ago. Since then, we have experienced a number of issues relating to the management of the development. While these involve different aspects of the services provided, the most significant concern relates to the condition of the external windows.

We first reported the deteriorating condition of the windows several months ago and have continued to follow up since. For a considerable period, we were advised that the matter would be addressed at a later stage. However, despite our repeated follow-up emails, we found it increasingly difficult to obtain clear updates or meaningful information about when the issue would be resolved.

Unfortunately, during this time, the condition of the windows continued to deteriorate. An inspection identified significant defects, including rotten timber and the need to replace one of the bathroom windows. More recently, water has started entering the apartment during heavy rainfall and the property is no longer weather tight. They sent a guy to do operating repairs which was an absolute joke as he arrived with only a can of WD40 spray and resolved nothing.

We have sent about 10 emails to the owners’ management company (OMC) and the directors, and we are being ignored. Is there any legal action I can take to force them to act?

At this stage, if the frames are not repaired soon, the only solution will be full replacement, which we know the OMC will never do.

It is understandable that you are frustrated as you believe an issue requiring attention has not been addressed. However, before reaching any conclusion, it is important to establish all of the facts. The precise nature of the problem should first be identified, together with who has responsibility for that element under the lease agreement. Until those facts are established, it is difficult to determine whether there has been any failure on the part of the OMC.

One observation I would make is that, when referring to “they” or “the OMC” it is worth remembering that an OMC is a voluntary, collective-responsibility arrangement. The company is made up of all of the owners acting together. Therefore, when we refer to “they,” we are, in reality, referring to ourselves collectively. Every owner has both the benefit of membership and the responsibility that comes with it.

If, having established all of the facts, it becomes clear that the OMC has a legal responsibility to deal with the matter and is failing to do so, there are legal remedies that may be available. However, pursuing legal action against your own OMC is rarely the best first step. Litigation is costly, time-consuming and frequently creates unnecessary division within a community. It also often means that owners collectively bear the financial consequences of the dispute.

Would it be possible to refill our double-glazed windows instead of replacing them?

A more constructive approach is to engage directly with the OMC. Raise the issue formally, request that it be considered by the directors, attend general meetings and seek to understand what, if any, obstacles are preventing the matter from being addressed. There may be practical, financial or technical reasons that are not immediately apparent.

If, after doing so, you remain dissatisfied, the most effective long-term solution is often to become actively involved in the OMC. By contributing to the decision-making process and assisting with the management of the development, you will be in a stronger position to help achieve a solution. OMCs work best when owners see themselves not as outsiders looking in, but as participants working together to resolve issues for the benefit of the community.

Aisling Keenan is a property managing agent and consultant and an associate member of the Society of Chartered Surveyors Ireland

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