Finian McGrath
Ceist:324 Deputy Finian McGrath asked the Minister for Justice and Equality if he will review a matter (details supplied) regarding living conditions. [39904/11]
Amharc ar fhreagraTuesday, 13 December 2011
Ceisteanna (316)
Freagraí scríofa
As I noted in my reply to Question No. 178 of 24 November, 2011, which deals with the same matter, I am not in a position as Minister to provide legal advice in response to a Parliamentary Question on a particular case. However, I can indicate the following by way of general information.
Section 24 of the Multi-Unit Developments Act 2011 establishes a new Circuit Court jurisdiction for the resolution of disputes in relation to multi-unit developments. It means that if such a dispute cannot be resolved by means of mediation or other dispute resolution mechanism, the Court may, where it is satisfied that a right has been infringed or an obligation has not been discharged, make an order with a view to ensuring effective enforcement of the right or effective discharge of the obligation concerned. An order transferring control of an owners' management company from a developer to the apartment owners may be made where the Circuit Court is satisfied the developer has unreasonably refused to effect such a transfer.