Apartment block leaks: Is it always up to the management company to cover repairs?

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If the lease says the OMC is responsible for repairs but people do not wish to pay for other’s leaks, can we vote against it?

It is not solely the expectation that your OMC fix all leaks, as it depends on the leak. Photograph: iStockI live in a development of about 200 apartments in north Dublin which was constructed about 20 years ago. The development has experienced many leaks over the years. Unfortunately, while a lot of money has been spent on this issue, leaks still continue.

4. If the lease says the OMC is responsible but people do not wish to pay for other’s leaks, can we vote at an egm that owners must be responsible for certain leaks as in a house? As the leaking water travels through the common areas, ie floors, walls, ceilings, it then becomes the responsibility of the OMC. The OMC represents all owners’ interests and will have a buildings insurance policy in place so that owners who have suffered a loss can claim on the policy to be compensated.

The lease agreement will stipulate that the OMC owns the buildings, and the OMC is responsible for the maintenance and repair of the buildings. The lease agreement can be amended in certain circumstances. Owners may agree unanimously to vary the lease, and all owners must then sign a deed of variation.

 

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