My apartment building, almost exclusively owner-occupied, has a lovely communal lounge. Owners meet, entertain, or make a cup of tea in this front room which adjoins the entry way and faces on to the communal parking and street. A new owner, soon after he purchased his unit, began sitting in this room for most of the hours of the day, which is his right. However, he is using this communal space to monitor the comings and goings of residents and their guests in writing. He records car registration numbers, the time of their arrival and departure, and the apartment being visited. He makes observations and complaints, in writing, concerning residents’ use of their properties. These he sends to the residential board and authorities he considers appropriate. These actions have resulted in legal fees being paid by the board (therefore, the residents).
Many residents feel uncomfortable or intimidated. This has been discussed with him, and his response has been to tape record such conversations. Can he use the common area to scrutinise and record, invading the privacy of, and in the process, intimidating his fellow residents in this way?
The management company has a role to play in this case where an owner is acting in a way that breaches the covenant of quiet enjoyment that others have a right to. This level of surveillance and monitoring creates a hostile environment and amounts to harassment of others in the development.
When it comes to effectively regulating the behaviour of individuals in a communal space such as a multi-unit development, the only remedy available to the management company is to rely on the various laws to deal with the situation.
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This owner is in breach of data protection law and the criminal law, and from the information provided in this query, the management company has already engaged with solicitors on the matter.
The General Data Protection Regulation (GDPR) is applicable in Ireland and these regulations protect an individual’s privacy, even in the common areas of an apartment block. The actions of this owner who is recording people’s activities and collecting data such as car registration numbers counts as processing personal data. This activity is illegal under GDPR as the owner is using the data to file complaints.
Section 10 of the Non-Fatal Offences Against the Person Act 1997 deals with the offence of harassment by any means. The provision is aimed at people who, without lawful authority or reasonable excuse, persistently follow, watch, pester, beset or communicate with others.
Sanctions by the courts include a maximum sentence of seven years’ imprisonment. If residents are feeling intimidated by this owner, they should individually report the matter to the Gardaí and the management company should also report this to Gardaí.
This owner is engaging in behaviour which is unreasonably interfering with others, and it amounts to private nuisance that can be dealt with through the courts. It may also amount to a case of antisocial behaviour where the Gardaí may speak with the individual, and issue a behaviour warning. Under the Criminal Justice Act 2006, Gardaí can give a formal warning if someone is causing trouble. They may also apply for an Antisocial Behaviour Order (ASBO) or arrest the individual.
The management company will have established house rules that all owners and residents must adhere to which typically include standards in the common areas etc. If there are no rules to deal with this type of behaviour, the management company should consider introducing such rules and having the amendments adopted at the annual general meeting or an extraordinary general meeting.
Aisling Keenan is a property managing agent, consultant and an associate member of the Society of Chartered Surveyors Ireland
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