My husband and kids and I live in a lovely estate in a Dublin commuter town. In recent years, the maintenance of the estate has lessened. We find there is often rubbish left around, and worse than that, we see lots of dog droppings on our pavements. There are signs all over the neighbourhood that say people can be fined for litter and pet waste, but no one seems to enforce them, and it doesn’t seem to be cleaned very regularly by our property management company. Is this something we should ask the owners’ management company (OMC) to enforce – or is this an issue for the property managers?
We might start with your last point first just to have clarity from the outset. This is an issue for the OMC, because when such issues arise, they arise primarily in the OMC, and it is then for that body to instruct the property manager on how they wish to deal with the matter. Very often the OMC will seek guidance from the property manager on solutions to issues, but the issues arise in the first instance in the OMC. You should ask your OMC about it, and thereafter it will instruct the property manager.
There are a number of aspects to this query which are common to many estates around the country. Unfortunately, the issue of dog fouling is common, and it simply comes down to the behaviour of individual dog-owners, and how this can be controlled. This type of problem is one that local authorities deal with on an ongoing basis in all public areas and they do this by enforcing the legislation in place, The Litter Pollution Act.
However, when it comes to private estates owned and managed by OMCs, the resources to deal with this issue are significantly less than those of a local authority. Good signage and communication to all owners and residents in a constant appeal to them to adhere to good practice, emphasising picking up after their dogs and responsible dog ownership, is one of the best ways to deal with this. Putting systems in place to catch offenders in order to penalise them requires a lot more resources.
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You say maintenance in the estate has been reduced. Normally, when a level of maintenance is reduced there are consequences, unless the previous level of maintenance was more than what was required. This is the first consideration. If the level of maintenance is increased to what it was before, then it may follow that the problem may be reduced.
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Maintenance of green areas in a housing estate development generally includes work such as sweeping, litter picking, weed control and monitoring of issues such as dog fouling or uncollected bins. This type of maintenance can ensure that issues are identified as they develop, and addressing them at an early stage is likely to increase the chances of a successful resolution.
In addition to this, organised, scheduled maintenance helps to maintain a good standard of cleanliness. The management company should certainly consider this. The provision of scheduled and organised maintenance is dependent on the budget and payment of service charges. Owners in OMCs have to understand that collective responsibility is part and parcel of how they operate. But of course, the provision of services to the estate has implications for the budget.
When owners become involved in their OMCs it can make a real difference to the appearance of the estate and to the budget, as they may decide to do some of the work themselves as volunteers. Similarly, when volunteer directors in OMCs make good decisions about the standard of maintenance in common areas, this can be provided for in annual service charge budgets and charged to all owners, who will ultimately benefit from the outcomes.
You should raise this issue with local representatives including local councillors. Councillors work to ensure the needs of the community they represent are taken into account, including residents of privately managed estates. Councillors have a responsibility to identify local issues and bring them into the council chamber to get good outcomes for the wellbeing and quality of life of people and communities they represent. They may pursue the matter of enforcing the Litter Pollution Act for dog fouling, while the property management company takes responsibility for keeping the estate tidy.
Aisling Keenan is a property managing agent, consultant and an associate member of the Society of Chartered Surveyors Ireland
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