Higgins to fight ‘developers’ greed’

SOCIALIST Party TD Joe Higgins pledged yesterday to continue to fight “developers’ greed” after two west Dublin householders were ordered to pay, between them, more than €1,000 for management services in their estates.

Mr Higgins was joined by North Kildare Independent TD Catherine Murphy at Dublin District Court for the hearing of the first cases over non-payment of the controversial charges.

Outside the court, Mr Higgins said: “It is quite disgraceful that householders, who have made a fortune for housing estate developers, are now being dragged into court by these same developers masquerading as management companies.

“The management company structure is a scam by which householders are now forced to pay for services like public lighting, maintenance of open spaces and public liability insurance which, up until very recently, developers would be obliged to pay from their profits.”

Mr Higgins said the management company structure equalled privatisation of local services and represented a new local tax on householders.

Mr Murphy said “a huge whack” of the management service charge went on administration of these companies for things the local authority should be doing.

“I actually feel angry coming out of that court,” she added.

“The reality is those people are getting a bill through the door. These people are after paying good money for their houses and the developer has walked away from their responsibility of the normal maintenance that should apply under the planning permission.”

Conor Walsh from Bishop’s Orchard, Tyrrellstown was ordered to pay €931.70 while, in a related case, Cletus Okonkwo from Curragh Hall Avenue, Tyrrellstown was ordered to pay €248.70.

Judge David Maughan ordered both defendants to meet the costs of the action taken by No 1 Tyrrellstown Management Company and No 4 Tyrrellstown Management Company, respectively. After the ruling, Judge Maughan told defending barrister Alistair Rutherdale it did not stop him raising the wider issues “at another forum”.

The judge told him the case related to debt collection. He was only judging whether the service charges were reasonable. The case had nothing to do with planning laws.

Referring to the case against Mr Walsh, the judge told Mr Rutherdale his client had agreed in his contract to pay estate management charges.

In a statement, Smith Property Management (SPM) - which acted as agent for the Tyrrellstown management companies - welcomed the judgment against the two residents, who had defaulted on service charges payments since 2004.

“As part of their purchase agreement, all residents agree to pay a service charge when purchasing property in Tyrrellstown,” it said.

SPM said the establishment of the Tyrrellstown management companies was a condition of planning permission set out by Fingal County Council. SPM had been selected by tender to provide these services.