- Every home/property owner in Boyne View, The Priory, Millbrook and Spire View is an owner and a shareholder of this private park and the management company responsible for its upkeep and development.
- Every home owner and landlord is legally obliged to pay a maintenance fee toward the park’s maintenance, development and insurance. (If the park was to be uninsured we would all be collectively liable).
- If the minimum needed is not collected the company and the park will go into liquidation and the park will be uninsurable as the company running it will no longer exist.
- All house sales or transfers of ownership (including rented accommodation) are legally linked to this fee being paid. Legal documents required for sales cannot be issued by this company if this company does not exist. (This is a legal minefield, this is a road we DO NOT want to go down).
- Failure to secure funding will see the Park become a wasteland which will attract all the things none of us want and all the headaches that go with it.
- The people working behind the scenes are doing so on a purely voluntary basis and are receiving no salary. They are working for you, your park and your future. We cannot do it without each and every one of you.
The choice is simple,
A) Live with a wasteland for free,
or
B) Get this park working for us for just €6 per month.
So Please, Get your standing order set up for just €6 per month and we can get the ball rolling on this.
| Additional Administration Charges: |
| Up to date Membership Certificate – Free (on request) |
| Duplicate Membership Certificate – €10 |
| Requisition 37 Form (admin fee) – €180 |
Frequently Asked Questions (click on the arrows for answers):
Why do I have to pay a fee, surely the council should maintain the park.
Answer: The Park was built during the construction of the 4 estates to be owned privately by every householder. It is in all our contracts that a management fee must be paid to the management company for the purposes of maintaining and developing this park. The council will not take over a privately owned park. It has been 15 years in discussion. It is far too complicated for this to ever happen. We all need to face up to this fact or should we continue to ask this question for another 15 years? Meanwhile the park remains neglected and in near future will be utterly destroyed.
What happens if I decide not to pay?
Answer: Although you are legally bound to pay, we would like to think that you would feel it is more your social responsibility to pay as we rely on these fees for any sort of maintenance. If one home doesn’t pay it affects everyone. That being said, your home cannot transfer ownership without these fees being paid in full and evidence of same will be sought by any solicitor acting on behalf of the seller and the purchaser. The management company cannot issue the legal documents unless all fees and penalty interest have been paid in full.
What are the penalty fees and when do they start to apply?
Answer: From January 2015 your monthly fees are payable in monthly installments by standing order form (available for download). Also our new 2016 Debt Restructuring open to everyone until 31/12/16. This essentially freezes all arrears up the 31/12/2014 until sale or transfer and these frozen arrears will not incur interest, with the only conditions being that you must settle the 2015 fees promptly and set up current and future fee payments. As of 1/01/16 we will apply (as is the law), a daily, monthly or annual interest rate (at government rates) to all outstanding arrears that are not covered by our debt restructuring plan.
Where does the money go and can I see the accounts?
Answer: Every cent goes toward the maintenance, security, insurance, annual accounts and future redevelopment of the park. This will include (and be kept to a minimum) normal office expenses such as stationary, printing, postage, communications etc. No volunteer or any director is paid for any of the work associated with this park or this company. Any work carry out and paid for is done so out of necessity and with our aim to make this park a safe and enjoyable place for all. Our accounts have been circulated in the past and going forward they will be available every year on this website for you to scrutinise. We encourage it.
My neighbour doesn’t pay, or my neighbour’s house is rented, why should I pay?
Answer: No property is exempt from these fees. It is as simple as that! Whether we like it or not! If someone chooses not to pay their fees, they will simply be letting their arrears build and build, and as of 01/01/16 if the debt restructuring plan is not initiated they will incur interest on these arrears too including cumulative interest. It is illegal to sell any property without the declaration of an existing management company and the payment of these fees. Most, if not all local estate agents are aware of this unique situation and they are more than obliging when it comes to information sharing as it is their legal obligation.
I purchased my property not knowing anything about this management company. Am I exempt from these fees?
Answer: No property is exempt from these fees. Firstly, you should contact us A.S.A.P. to inform us of the transaction details and dates. Secondly, you should seek clarification from the vendor/estate agent and all solicitors concerned. The seller was legally obliged to inform you of the existence of this management company and any outstanding arrears. If you inherited arrears along with your purchase we recommend you also contact your vendor and solicitor to have this issue rectified as the arrears are related to the property regardless of a change in ownership.
Who actually built the park and when?
Answer: The park was built by the 4 member estate’s developers as a community amenity and handed over after all houses were completed with the explicit legal instructions that all current and future owners of the residential properties were legally bound to pay the annual maintenance fees regardless of when they purchased the property.
Is the Park Insured?
Answer: Yes, at present the Park is insured for public and employers liability. We are in the process of securing several renewal quotations at present with a view to expanding the facilities in the park going forward. There is also a directors and officers Indemnity policy in place.
Do the Directors of the management company get paid?
Answer: NO. Nobody receives any salary for any work associated with this park and this company.
I know I owe money, but I don’t know how much or for when. How do I find this out and get back on track with my fees?
Answer: We have detailed records of all properties and payments even if you don’t. Invoices and statements have been issued every year for quite some time. The easiest thing to do is contact us and we can clarify any outstanding arrears. We will also get you the agreement form for the debt restructuring plan and the form for setting up your monthly fee going forward. This way there will never be an instance of forgetting or confusion again as it is simply a matter of your bank account paying our bank account a small fee per month. That’s it, job done!!!
What do we do about anti-social behaviour in and around the park?
Answer: Irish Law applies. Any anti-social behaviour or any illegal activity that is governed by Irish Law in any part of Ireland is applicable within this park too. Therefore your 1st point of contact will always be An Garda Siochana, as they are tasked with enforcing Irish Law whether it is on public or private property. We would also ask that you report any illegal activity with as much detail as possible to info@fisherproperty.ie so we can keep an eye on the level of instances and seek intervention if necessary.
When will the proposed projects commence in the park?
Answer: Whilst most of the projects are roughly priced, the maintenance will come first along with some of the smaller projects such as tree planting and spring flowers. The larger projects will commence when they are within our budget after maintenance, administration and insurance costs are covered. €6 per month by 633 properties is €45,576 per annum. This is what we would be working with when all houses are paying their fees. When we have this income it would be safe to assume we could take on 1 or 2 large projects per year meaning in 5 years time we could have secured a good portion of these larger projects and on track to get them all.The proposed projects by JPP are as follows.
Smaller projects
1. Tree planting for the next 5 years
2. Fences cleaned
3. New Signage
4. Spring/ summer flowering bulbs planted at various locations
5. Flower basket displays either on external fencing or on high poles around the walkway.
6. Small landscaped areas at entrances for Shrubbery/ floral displays
7. Fence repainted
8. Security patrols
9. Litter patrols & collection
Larger Projects
1. All Weather Walkway / Running / Cycling track
2. Lockable gates on all entrances
3. Woodland walkway at the front end (main road)
4. GAA & Soccer Pitch
5. Revamped Basketball/Tennis courts
6. Outdoor Gym equipment / exercise spots
7. Car parking facility
8. Extended / resurfaced centre plaza for family events / markets etc.
9. Kiddies practice drive/cycle area
10. Floodlight installation (if required)
11. Outdoor astro turf pitch (this would be a luxury item)
