Dáil Éireann Debate, Thursday - 17 July 2014
568. Deputy Michael McGrath asked the Minister for Justice and Equality the enforcement authority in relation to possible breaches of the Multi-Unit Developments Act 2011 by management companies; the person an affected party should contact with any such concerns; and if she will make a statement on the matter. [32173/14]
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.
In so far as the enforcement of any right conferred, or obligation imposed, by the Act is concerned, sections 24 and 26 provide that a person may apply to the Circuit Court for an order to enforce any such right or obligation. Section 25 defines the persons who may apply for, or appear and be heard at, an application for a court order under section 24. They include the developer, the OMC, an owner of a residential unit in the development (i.e. a member of the OMC) or such other person as the court sees fit. 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.
More generally, statutory provisions governing the regulation of companies, including those concerning the memorandum and articles of association, the appointment and responsibilities of directors and requirements for submitting annual financial returns, are set out in the Companies Acts 1963 to 2013.
The Office of the Director of Company Enforcement (ODCE) has published the 'Company Law Handbook on Residential Property Owners' Management Companies' which contains valuable information and practical guidance for OMCs, including chapters on specific company law topics such as the responsibilities of directors, accounting records and the filing of annual financial returns. In addition, the ODCE has published 'A Property Owner's Guide to Company Law' which is aimed at the owners and residents of apartments in multi-unit developments and explains how company law is relevant to them. Both publications are available on the ODCE's website: www.odce.ie.
