Dáil Éireann Debate, Tuesday - 11 June 2013
693. Deputy Andrew Doyle asked the Minister for Justice and Equality if a management agent is allowed to refuse engagement with a developer regarding the hand-over of common areas as per the Multi-Unit Developments Act 2011 despite engaging in commercial activity with the same developer; and if he will make a statement on the matter. [26794/13]
View answerThe 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) which are the bodies established for the management of such areas.
Section 5 of the 2011 Act contains provisions which deal with completed or substantially completed multi-unit developments in which the common areas have not been transferred to the OMCs. They oblige the developer to transfer ownership of the relevant parts of the common areas to the relevant OMC within 6 months of the coming into operation of the section, i.e. before 1 October 2011. Subsection (2) defines “substantially completed” as developments in which sales of not less than 80% of the residential units have been closed.
Section 24 deals with the resolution of disputes and it provides that a person may apply to court for an order to enforce any rights conferred or obligation imposed by the Act. The court, if satisfied that a right has been infringed or an obligation (such as the non-transfer of the common areas) 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.
As regards property management agents, the general position is that an OMC enters into a contract with such an agent to provide services in respect of their development. The specific tasks of the agent are therefore dependent on the nature and extent of that contract.
Provisions relating to the licensing of property management agents are set out in the Property Services (Regulation) Act 2011 and are overseen by the Property Services Regulatory Authority. As part of the licensing system, the Authority specifies and implements standards relating to:
- education, training and experience levels of licensees;
- levels of professional indemnity insurance,
- quality of financial accounting systems, and
- ethical standards to be observed in the provision of property services.
The Act also empowers the Authority to investigate complaints against property management agents and to impose sanctions, including the revocation or suspension of licences, in cases of improper conduct on the part of licensees.
