I intend to commence a review of legislation regarding management companies in the coming months.
The Multi-Unit Developments Act 2011 was enacted with the primary purposes of reforming the law relating to the ownership and management of common areas of multi-unit developments and facilitating the fair, efficient and effective management of owners' management companies (OMCs). These are companies registered under the Companies Acts, the members of which are the owners of residential units within the development and which are established for the purposes of ownership and management of the common areas.
The 2011 Act contains provisions relating to such matters as:
- the transfer of common areas to the OMCs (sections 4 and 5)
- the voting rights of members of OMCs (sections 14 and15)
- the provision of annual reports by OMCs to members (section 17)
- arrangements for the holding of annual meetings to approve annual service charges (section 18)
- the establishment of a sinking fund to cover refurbishment outlays (section 19)
- arrangements for the making of House Rules (section 23) and
- the establishment of a court-based dispute resolution process (section 24).
The Act also contains provisions that encourage the resolution of disputes that may arise between parties by means of mediation rather than recourse to court proceedings.