Dáil Éireann Debate, Wednesday - 6 February 2013
184. Deputy Dominic Hannigan asked the Minister for Justice and Equality if a property management company may introduce parking permits as a means to facilitate the collection of fees; and if he will make a statement on the matter. [6352/13]
View answerThe Multi-Unit Developments Act 2011 contains provisions which facilitate the fair, efficient and effective management of owners' management companies (OMCs) which are the bodies established for the management of the common areas of multi-unit developments. Membership of an OMC comprises the owners of residential units in the development concerned.
Section 18 of the 2011 Act requires OMCs to establish and maintain a scheme of annual service charges from which they may discharge expenditure incurred on the provision of common or shared services, including insurance, waste management and security services. In order to ensure transparency and accountability, the annual service charge, and the services to be provided, must be approved by a general meeting of the members of the OMC. Section 18 also provides that the owner of each residential unit is then under an obligation to pay service charges levied under the Act.
As regards the recovery of unpaid service charges, section 22 provides that unpaid service charges may be recovered by the OMC concerned as a simple contract debt in a court of competent jurisdiction, i.e normally the District Court. While the introduction of parking permits is not specifically referred to in the 2011 Act, section 23 provides that an OMC may make House Rules for the effective operation and maintenance of the development. The Rules must be consistent with any covenants or conditions contained in the documents of title and have the objective of advancing the quiet enjoyment of the unit owners and achieving a fair balancing of the rights of such owners. Here again, the House Rules must be agreed by a meeting of members of the OMC.
