Hampton Wood

To the Chairperson and Members of the North West Area Committee

Meeting: 21st January 2011

Update on Hampton Wood

This report is presented to the members for information purposes following a number of complaints and queries from public representatives and members of the public on water supply problems in Hampton Wood during the recent cold spell, associated water restrictions imposed by Dublin City Council and the roles of the Management Company/managing agent for Hampton Wood.

Background: A seven year planning permission was granted to Bovale Developments on 23rd February 2004; planning application no. 4387/03 refers.

Condition 30 of the permission states:‘as the City Council will not be taking the development in charge, the developer shall enter into a management agreement with all future owners and occupiers to carry out the maintenance and repair of all lands within the curtilage of the site. Such agreement shall cover roads, footpaths, car park and all services both over and underground, together with soft and hard landscaping excluding private areas, and shall make it clear that the City Council shall have no responsibility in these areas. The details of the above management scheme shall be submitted to the planning authority for written agreement prior to occupation of any of the dwellings.’ The developers have recently submitted an extension of time application for the permission.

Water Restrictions: The recent cold spell necessitated water restrictions throughout the country. Dublin City Council introduced water restrictions from Tuesday December 7th 2010 that continued into January in order to conserve water and rebuild stocks of treated water.

Specifically in relation to Hampton Wood, this resulted in a reduction of flow into the complex. However since the flow is going into a reservoir and the outlet from the reservoir to the properties was not restricted, usage continued as normal and the reservoir drained down.

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Following complaints, Water Services Division contacted the managing agent for the complex and advised them to restrict the outlet from the reservoir in line with Dublin City Council restrictions. In this way the levels in the reservoir could be maintained. Similarly to everybody else, residents in Hampton Wood needed to reduce their consumption in tandem with the restrictions. Whilst restrictions are regretted, they are absolutely necessary until storage levels of treated water return to normal levels.

In general, water restrictions consist of pressure reductions in some areas and shuts in other areas. Even in areas subject to pressure reductions, some consumers will experience a complete loss of supply. In other areas subject to shuts, some properties may only experience a drop in pressure due to their location within the area. There are some areas of the city where shuts are not feasible because of the difficulties in recharging the mains after a shut. Whilst this causes variations in the impact of restrictions, it is unfortunately unavoidable. Water returns over different periods in different areas. The speed of return/recharge will depend on various factors including the size of the network, the diameter of the pipes, the age/condition of the pipes, the demand on the system, the presence of burst mains and leakage on the system, the variation in elevation on the system and the pressure at the supply point. In all cases the water must refill empty mains and tanks on the network. It will fill from the lower areas towards the higher areas.

On shutting the system, water will drain away from the higher areas towards the lower areas. This therefore means that properties at higher elevations will loose supply first and get it back last.

The Water Services Division will continue to engage in discussions with representatives of the developers of Hampton Wood to make the necessary arrangements to transfer the water supply system in the estate from the local reservoir to a direct supply from the public system.

Management Company Issues: The problems experienced by residents in Hampton Wood in recent weeks have given rise to a number of queries and questions in relation to the roles and responsibilities of the management company and the managing agent. A purchaser of an apartment in a private development, where there is sharing of common areas e.g. halls, gardens, parking etc, becomes a member of the management company on completion of the purchase of their property.

The eventual outcome in these situations is that the developer initiates a process to transfer the common areas to the management company which in turns gives responsibility over to the owners provided they are in control of the management company. It is our understanding that this process has not yet taken place in Hampton Wood as the development is not entirely occupied. Therefore the common areas remain under the control of the developer.

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When the common areas are vested (handed over) to the management company, it becomes the legal responsibility of the property owners who are automatically members of the management company, to maintain the standard of the development, hold annual meeting, set service charges and collect these charges, maintain a sinking fund, provide adequate levels of insurances etc. Management companies must also adhere to company law and to the rules detailed in the Memorandum and Articles of Association of the company.

Dublin City Council does not have any powers to force the Directors of the Hampton Wood Management Company to hand over control to the owners. The Companies Act 1963 does provide a mechanism to convene an Extra Ordinary General Meeting of a Company. However, if owners are considering options to gain control of the management company prior to the enactment of the Multi-Unit Development Bill referred later in this report, it is strongly suggested that they seek legal advice from someone who can interpret the legal ramifications of the wording of the Articles and Memorandum of Association of Hampton Wood Management Company. Owners need to be very clear on the obligations involved and any legal or other requirements. They would also need to ensure that the development is free of defects.

Dublin City Council has 47 properties in its ownership in Hampton Wood, some of which are managed by a voluntary housing association on our behalf. A clause contained in the purchase contract between the developer and Dublin City Council provides that Dublin City Council will take on certain roles and responsibilities on behalf of its tenants once the common areas are transferred to the management company.

Taking in Charge: Under Section 180 of the Planning and Development Act 2000 as amended, a taking in charge application can be made to the Local Authority on foot of a plebiscite taken by the owner controlled management company in the case of private developments. Dublin City Council, Planning Department handle the initial request for taking in charge and refer it to the Area Office for processing. Requests then issue to the relevant departments to inspect the development and confirm if it is completed to the required standard etc.

This procedure can take some quite considerable time depending on the standard of the services etc. In addition, if the owners of the land have not vested the common areas to the management company, the owners of the land would have to agree with the taking in charge application.

Multi-Unit Development Bill 2009: The reforms set out in the above bill are designed to improve the regulation of multi-unit developments and the governance of management companies in such developments. The bill’s provisions seek inter alia, to give improved legal protection to apartment owners. The purpose of the bill is to introduce a comprehensive legal framework to cater for the specific needs of apartment owners in multi-unit developments. The Bill was passed by the Dåil before Christmas. However, it is not likely that the bill will become law during the lifetime of the current government.

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One of the key points in the bill is that, in future, a developer must establish a property management company and transfer the common areas of the development to it before any apartment in the development is sold. This new standard will also apply to completed multi-unit developments and those under construction. In these cases the bill provides that the common areas must be transferred within 6 months of enactment of the legislation. The North West Area will endeavour to arrange a briefing session for resident’s committees in Hampton Wood, Prospect Hill and Park View on the implications of the bill in the near future.

Further updates on the various issues outlined above will be brought back to the Area Committee as the situation develops.

Useful links: There is a considerable body of information available on apartment living.

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www.dublincity.ie – there are two publications on ‘Successful Apartment Living’ available to download. There are further links available in these documents directing people to relevant information.

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www.consumerconnect.ie – The National Consumer Agency has an information booklet ‘Property Management Companies and You.

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www.oireachtas.ie – Details of the ‘Multi-Unit Development Bill 2009’ and debate on the bill going through the various stages in the Dáil.

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Various forums on the web, e.g. www.neighbours.ie , www.daft.ie etc.

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www.apartmentowners.ie. Meetings of apartment owners are held monthly in Civic Offices on the second Thursday of every month starting at 7.00 p.m.

Margaret Geraghty Senior Executive Officer

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