Dáil Éireann Debate, Tuesday - 14 November 2023
313. Deputy Ivana Bacik asked the Minister for Justice her plans to create a register of owner management companies (OMCs) detailing information, such as the size of the development they oversee; and if she will make a statement on the adequacy of existing data on OMCs. [49841/23]
Amharc ar fhreagraThe 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). Well-functioning OMCs are key to maintaining and sustaining higher-density residential developments, such as apartments.
Section 8 of the MUDs Act provides that whenever ownership of a residential unit in a multi-unit development is sold or assigned, membership of the relevant OMC must automatically transfer to the purchaser. Following such a change of ownership, the OMC must ensure that the register of members is updated and complies with other relevant requirements under the Companies Acts.
The Companies Act 2014 (‘the 2014 Act’) requires that a company must keep a register of its members, and prescribes what must be entered in the register, including particulars such as the names and addresses of members. The 2014 Act also provides that a register of members is a public document and be made available by the company for inspection by any member of the company, and, subject to conditions including the payment of a small fee, for inspection by any other person. An OMC members' register is therefore publicly available.
The work of my Department in relation to the MUDs Act and OMCs is guided by that of the Department for Housing, Local Government and Heritage, in view of its central role in this area. In that regard, I understand that there are no plans at present to establish a register of OMCs beyond what is currently provided for under a ‘Register of OMC Members’ in accordance with the Companies Acts. However, my Department continues to constructively engage with that Department to ensure the efficient and effective management of OMCs, as provided for under the MUDs Act.
