Dáil Éireann Debate, Wednesday - 19 October 2011
105 Deputy Noel Grealish asked the Minister for Justice and Equality, with reference to the Multi-Unit Developments Act 2011, the position regarding the law in respect of residents of a particular estate who do not want to take ownership under the owner management company; how this matter should be dealt with by the developer of the estate; and if he will make a statement on the matter. [30194/11]
View answerThe Deputy will appreciate that I am not in a position as Minister to provide legal advice in response to a Parliamentary Question on a particular case. However, I can indicate the following by way of general information.
One of the principal objectives of the Multi-Unit Developments Act 2011 is to ensure the transfer of common areas of such developments to the owners' management companies concerned. Section 4 of the Act, which deals with partially completed developments, and section 5, which deals with substantially completed developments, provide that transfer of ownership of the relevant parts of the common areas must be completed within 6 months of the coming into operation of the Act, i.e. before 1 October 2011.
Section 24 of the Act establishes a court jurisdiction for the resolution of disputes in relation to multi-unit developments. If such a dispute cannot be resolved by means of mediation or other dispute resolution process, the court may make an order where it is satisfied that a right has been infringed or an obligation has not been discharged with a view to ensuring the effective enforcement of the right or the effective discharge of the obligation concerned. Such an order may include an order transferring control of an owners' management company from a developer to the unit owners where the court is satisfied the developer has unreasonably refused to effect such a transfer or the unit owners have unreasonably refused to accept the transfer.
