Wednesday, 8 May 2013

Questions (167)

Caoimhghín Ó Caoláin

Question:

167. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice and Equality if his attention has been drawn to a practice (details supplied) in County Meath; if he will outline the rights of these residents; and if he will make a statement on the matter. [21779/13]

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Written answers (Question to Justice)

The position is that the Multi-Unit Developments Act 2011 contains provisions which are primarily intended to facilitate the fair, efficient and effective management of owners' management companies (OMCs). 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 to the owners and occupiers of residential units in the development, including insurance, waste management and security services. The service charge must be calculated on a transparent basis and be equitably apportioned between the residential unit owners. In order to ensure transparency and accountability, both 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 under an obligation to pay all service charges levied under the Act. As regards the recovery of unpaid service charges, section 22 of the Act provides that they may be recovered by the OMC as a simple contract debt in a court of competent jurisdiction, i.e normally the District Court.