Final Draft – 16th August 2010
The following Code of Practice is subject to approval at the next Annual General Meeting (AGM) of Eden Gate Management Ltd. In the meantime, the Resident’s Committee will use this Code of Practice as the basis of its operation as it has received approval to do so by the Board of Directors of Eden Gate Management Ltd. This is a non-legally binding document.
Scope
The scope of this document is to outline the various stakeholders in Eden Gate and their roles. It outlines the objectives of the Eden Gate Residents’ Committee and the rules under which it operates.
Structure of the various stakeholders at Eden
Eden Gate Management Ltd. (herein referred to as “Management Company”)
This is a legally constituted management company registered in the Companies Registration Office, set up to oversee and manage the common areas of Eden Gate. The current Board of Directors of the company are Peter, Michael and Joe Cosgrave (the developers of Eden Gate). All homeowners are members of this company. The Board of Directors of the Management Company has final say on all decisions relating to the management of the estate.
This is an ad-hoc committee of homeowners who have come together to promote a sense of community and ensure that Eden Gate remains a nice place to live. The objectives of the Committee are detailed below. The Committee acts in an advisory capacity to the Board of Directors of the Management Company.
The Managing Agent (currently Wyse)
Wyse were selected by the Board of Directors of the Management Company to undertake the management of the common areas within Eden Gate in conjunction with the Management Company and the Committee.
A common area can be categorised into apartment common areas and general common areas and may be defined as an area that can be used by more than one owner. Examples of general common areas include (but not limited to) the landscaped areas, roads, pathways etc. Examples of apartment common areas would include apartment car parks, apartment building exteriors, apartment hallways, bin areas etc.
Examples of day-to-day services for common areas that are managed by the Managing Agent would include (but not limited to) landscaping services, refuse collection, lighting maintenance, common area cleaning, management fee collection etc.
Full details on common areas can be found in the lease agreements that all homeowners agreed to and signed on the purchase of their properties.
Objectives of the Eden
The Eden Gate Residents’ Committee consists of a number of homeowners in Eden Gate that have come together to act in an ad-hoc capacity to represent the residents’ interests.
The Committee aims to have as much representation as possible from each road and all dwelling types. The Committee consults with the Management Company through the Managing Agent (Wyse) on all the day to day matters relating to the orderly running of the development. In this limited role, the Committee carries out its functions on behalf of the owners and residents, with the volunteer Committee Members giving their time on a pro-bono basis.
The objectives of the Eden Gate Residents’ Committee are as follows:
· To promote a sense of community and neighbourliness among residents of Eden Gate;
· To promote the preservation and improvement of Eden Gate and surrounding areas as a residential area;
· To monitor issues and problems affecting the area;
· To promote public interest and participation in issues affecting the area;
· To provide a forum for open discussion of issues affecting the area;
· To make representations in the interests of the members of the Management Company as a whole to all levels of government, other public authorities, organisations and persons whose decisions and actions may affect the area;
· To make representations and recommendations to the Management Company in the interest of improving the area;
· The publication from time to time of a newsletter and/or email/website updates for the purpose of informing members and residents generally of matters of common interest;
· To promote cost effectiveness, improved efficiencies and value for money in the management of the Management Company’s budget.
· To promote social activities for the residents;
· To promote safety and security awareness and activities for the residents.
Items discussed at the Committee Meeting include:
· Service charge budgets and tendering process for day-to-day service providers;
· Certify proposed expenditure as being reasonable and that competitive procurement rules have been followed;
· Reserve fund analysis;
· Common Area general routine and long term maintenance;
· Parking;
· Reviewing anti-social complaints and breeches of lease agreements with a view to reaching resolutions;
· Planning and social issues;
· Neighbourhood Watch and security awareness;
· Social events.
The annual costs and expenses of managing the common areas of the development are aggregated and apportioned pro-rata according to the individual unit types. These costs are vetted by the Committee and processed through the Managing Agent. Final approval on all expenditure items and management fees rests with the Board of Directors of the Management Company.
Owner’s obligations and responsibilities
These are outlined in the lease agreement which each owner has signed when they purchased their property. Their legal advisors will have explained any questions they may have regarding this document on the closing of sale. This agreement is legally binding and the various covenants (agreements) contained in it can be enforced through the courts if necessary. This is the mechanism which guides the behaviour of all those who live in Eden Gate. In brief, it promotes orderly behaviour which allows all residents the quiet enjoyment of their homes.
Most disputes are settled amicably with the assistance of the Committee and the Managing Agent, Wyse. Serious breaches will involve the Management Company.
It is vital that those owners who rent their properties:
· Incorporate the code of conduct into their rental agreement
· Inform their tenants of their obligations regarding noise and care of the common areas
· Proper disposal of waste
· That the owner provides the Managing Agent with an emergency contact number for the key holder of the property
· That the owner retains a key to the property and that the owners has contact details for the tenant
· That the owner inspects the property regularly to check for leaks and other repairs and maintenance and to ensure their tenants are conforming to the Eden Gate lease agreement.
Rules governing the Eden Gate Residents’ Committee
1. The Eden Gate Residents' Committee shall be non-party political and non-sectarian.
2. The Committee shall do all in its power
a. to preserve and develop all amenities in Eden Gate or available to residents in Eden Gate;
b. to support the development of such amenities in Eden Gate as are sought by the residents in Eden Gate;
c. to advance schemes for co-operative action for the benefit of its members;
d. to assist other bodies and Associations having similar objectives.
3. Membership of the Committee shall be open to all current home owners in Eden Gate over the age of eighteen years. Members must be in adherence to the house rules in Eden Gate and their home must not be subject to management fee arrears.
4. The Committee is empowered by majority to terminate the membership of any individual whose conduct is considered detrimental to the workings of the Committee.
5. Members of the Committee will be nominated and approved at the Eden Gate Management Company AGM.
6. The Committee shall endeavour to meet at least once a month.
7. The quorum for a Committee Meeting shall be four.
8. A brief summary of minutes will be taken by a nominated Committee Member for each meeting and circulated to all Committee Members within fourteen days after each meeting. Minutes may also be circulated to the Managing Agent and Management Company if required and authorised by the Committee.
9. The Committee is empowered to invite to their meetings, any individual whose advice or assistance is desired.
10. The Committee is empowered to invite to their meetings, any individual or group of individuals who wishes to discuss any matters in person with the Committee. Every effort will be made to facilitate all requests in a timely manner either at the next available Committee Meeting where such matters will be discussed under “AOB” of the agenda, or a separate meeting may be held where a minimum of two Committee Members must be in attendance. All such meetings will have minutes recorded by a Committee Member and circulated to all attendees and all Committee Members and others as per point 8 above.
11. The Committee is empowered to make recommendations on behalf of all residents to the Management Company on decisions arising throughout the year. Decisions to execute recommendations will be taken by the Board of Directors of the Management Company or at the Eden Gate Management Company AGM, not by the Committee.
12. A decision by the Committee to make a recommendation to the Management Company will take place after full investigation, analysis, consultation and discussion resulting in a vote for/against recommendation. Majority rules.
13. Committee members must declare any direct or indirect interest they have in any service provider nominated to tender. Should such a service provider be asked to tender, this committee member must remove themselves from the evaluation of this tender.
14. Some matters discussed at meetings are confidential and sensitive and are not for discussion outside of the meetings.
15. Voting at all Committee Meetings shall be by show of hands. Majority rules.
16. The position of Committee Chairperson will rotate annually.
17. Any uncertainty in these rules, or any matter not covered by these rules, shall be determined by the Management Company.
18. These Rules may be amended only at an Eden Gate Management Ltd AGM and such amendment requires the supporting vote of at least two/thirds of the members present.
19. Every Committee member shall be indemnified or reimbursed against any expenses incurred with the authority of the Committee.
20. Committee Members will act only in the best interests of all residents and homeowners in Eden Gate.
21. Any complaints against the Residents Association should be addressed to the Management Company through the Managing Agent.
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