Who is responsible if something goes wrong, the OMC or the agent?

The OMC and its directors carry the ultimate legal responsibility, because the OMC owns the development and holds the statutory duties. The managing agent is accountable to the OMC and to the PSRA for how it delivers the service, but engaging an agent does not remove the directors' duties.

Does an OMC have to have a managing agent?

No. An OMC can be self-managed by its directors, or it can hire a PSRA-licensed managing agent. Larger developments usually use an agent because the workload and compliance are too much for volunteers.

Who sets the service charge, the OMC or the agent?

The OMC sets the service charge. The agent usually prepares the budget and issues the demands, but the charge itself is the OMC's decision, put to the members under the MUD Act 2011.

Can the OMC change its managing agent?

Yes. The managing agent works for the OMC under a contract, and the OMC can change agent. Our guide on changing your managing agent explains how to do it cleanly, including the handover of funds and records.

OMC basics

OMC vs property management agent: who does what?

Two roles, constantly confused. One owns the development and makes the decisions; the other is hired to do the work. Here is exactly where the line sits, and why it matters.

6 minUpdated July 2026

The short version

1The OMC owns the common areas and holds the legal duties; the managing agent is a firm the OMC hires to do the day-to-day work.
2The OMC decides (the budget, the service charge, the big calls); the agent executes (bills, collects, maintains, reports).
3The managing agent must be licensed by the PSRA; the OMC's directors are company directors under the Companies Act 2014.
4Legal responsibility stays with the OMC and its directors even when an agent is engaged.
5The agent works under a contract and can be changed by the OMC.

The short answer

An Owners' Management Company (OMC) owns and is legally responsible for a development's common areas. A property management agent is a professional firm the OMC hires to carry out the work. The cleanest way to hold the two apart: the OMC is the client, the agent is the contractor. The OMC makes the decisions; the agent carries them out.

What is the OMC?

The OMC is the company that owns the shared parts of the development, and every unit owner is a member. The members elect a volunteer board of directors, who hold the duties of company directors under the Companies Act 2014 and the multi-unit duties of the MUD Act 2011. The OMC sets the service charge, holds the insurance and the sinking fund, and answers to its members.

What is a property management agent?

A property management agent is a firm the OMC engages to run the development day to day: preparing budgets, issuing service-charge demands, collecting payments, arranging maintenance and contractors, keeping compliance records and supporting the AGM. In Ireland, a firm providing these property services must hold a licence from the Property Services Regulatory Authority (PSRA), and any client money it handles must be held in a designated client account, not mixed with the firm's own funds.

Who does what?

The split is clearest job by job. In each of these, the OMC owns the decision and the agent owns the execution:

The budget and service charge: the agent drafts the budget; the OMC approves it and the charge is put to the members.
Collection and arrears: the agent issues demands and collects; the OMC sets the arrears policy and approves escalation.
Maintenance and contractors: the agent arranges and supervises works; the OMC approves larger spends and the reserve strategy.
Compliance: the agent keeps the certificates and filings current; the OMC remains responsible for the development being compliant.
The AGM: the agent organises and supports the meeting; the OMC's members vote and the directors are accountable.
The money: the agent holds and reconciles funds in a PSRA client account; the money belongs to the OMC throughout.

Who is legally responsible?

This is the part that surprises people: the OMC and its directors carry the ultimate legal responsibility, even with an agent in place. Engaging an agent delegates the work, not the duty. The agent is accountable to the OMC under its contract and to the PSRA for how it delivers property services, but the directors cannot outsource their own statutory duties. That is exactly why directors need real visibility into what the agent is doing.

Why directors want a live view

If responsibility stays with the board, the board needs to see the money, the compliance and the open work in real time, not a summary twice a year. That is the case for a live director portal.

How the two should work together

A healthy relationship is simple: the OMC sets the direction and the standards, and the agent delivers against them with evidence. The agent should give the board clear, current reporting; the board should make timely decisions and set clear policies. When that breaks down, it is usually because the agent cannot show the board what is happening, or the board cannot get a decision made. Good software fixes the first problem by making everything the agent does visible to the board.

Choosing or changing an agent

Because the agent works under a contract, the OMC can change agent if the service is not good enough. The key is a clean handover: the transfer of client funds, the sinking-fund balance, the records and the compliance evidence. Our guide how to change your managing agent walks through the process step by step.

Common questions

The OMC (Owners' Management Company) owns the development's common areas and holds the legal duties. The managing agent is a PSRA-licensed firm the OMC hires to carry out the day-to-day work. The OMC decides; the agent executes.

Next: New to all of this? Start with What is an Owners' Management Company? Or read how the money works in OMC service charges explained.

Note: This guide is general information for managing agents and OMC directors, not legal or financial advice. Cuan encodes these obligations as workflows, but always confirm specifics with the OMC's solicitor, accountant or company secretary.