Dáil Éireann Debate, Tuesday - 2 December 2014
300. Deputy Charlie McConalogue asked the Minister for Justice and Equality her plans to amend legislation governing the way management companies charge fees in relation to residential estate management; the purpose of any proposed legislation; and if she will make a statement on the matter. [46045/14]
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). These are bodies established for the management of such areas, the membership of which comprise the owners of residential units within the development.
As regards service charges, the position is that section 18 of the 2011 Act requires each OMC to establish and maintain a scheme of annual service charges to fund the costs of insurance, maintenance and other common or shared services. These service charges must be calculated on a transparent basis, be apportioned on an equitable basis between residential unit owners and be approved by the owners themselves at a meeting of the OMC. In summary, the Act gives residential unit owners a direct role in determining the level of annual service charge, the level of services to be funded and the manner in which such services are to be provided. While I have no plans to amend the Multi-Unit Developments Act 2011 at present, the operation of the Act is being kept under review in my Department.
