Dáil Éireann Debate, Thursday - 21 March 2013
184. Deputy Terence Flanagan asked the Minister for Justice and Equality the laws that are in place to support homeowners in developments in which the management company is not fulfilling their duties; and if he will make a statement on the matter. [14436/13]
View answerThe position is that the primary purpose of the Multi-Unit Developments Act 2011 is to reform the law relating to the ownership and management of common areas of multi-unit developments and to facilitate the fair, efficient and effective management of owners' management companies (OMCs). These are companies registered under the Companies Act which are established for the management of such areas, the membership of which comprise the owners of residential units within the development. The manner in which the company operates is regulated under the Companies Acts and under the Articles of Association of the company.
Having said that, section 24 of the Multi-Unit Developments Act 2011 contains provisions for the resolution of disputes relating to multi-unit developments. In general, it provides that a person may apply to court for an order to enforce any rights conferred or obligations imposed by the Act. The court, if satisfied that a right has been infringed or an obligation has not been discharged, may make such remedial order as it deems appropriate in the circumstances with a view to ensuring the effective enforcement of the right or the effective discharge of the obligation in respect of the development concerned.
