Seymour Crawford (Cavan-Monaghan, Fine Gael)

I wish to share time with Deputies Ring and Durkan.

I thank Deputy O'Dowd for putting forward this important Bill. The Minister of State says the legislation is flawed but none of us in this House is perfect. Even Bills that have undergone scrutiny have turned out to be less than perfect. It is an effort, as the Minister of State admitted, to initiate a discussion on this major problem.

Until recently, apartment management companies would not have been considered a major issue in a constituency such as mine, Cavan-Monaghan. That situation is changing with the exorbitant price of housing and different family structures.

It is important if one lives in an apartment that there be a clear regulatory understanding of who is responsible for the overall maintenance of the building and its general cleanliness, etc. Apartment living has recently become a way of life for many people, allowing cheaper access to the property ladder for many young people. In 2002 almost 9% of all households were in apartments. Apartments feature largely too in sectors such as student accommodation.

There are serious problems in apartment complexes throughout the country and many residents seem to be, or feel, powerless. These problems relate to common areas and the failure of builders or management agents to maintain them while charging high management fees that increase annually without any consultation.

People living in houses are also burdened with management companies and fees and this issue perhaps should be included in the Bill. Many young people, in their eagerness to get onto the property ladder, do not realise the additional costs for which they are liable and these costs often create serious financial problems. It is important that these management fees be payable over a period and there must be a clause that if the agreed services are not provided, the payments will stop.

Some builders demand the first year's payments before handing over the keys to the new owners although the area is often a building site with few services finished. The law should allow owners to withhold a portion of the fees until all services are available. The quality of the build is very important at any time but more so today than ever given the extraordinary prices of apartments and houses.

Quality control is another issue. While this example is not relevant to this Bill, it makes a point. There is a local authority affordable housing unit in Ballybay, County Monaghan. One year on there is an unbelievable and unacceptable scale of problems. These include falling ceilings — the ceiling in one house fell down, electric wiring posing dangers, cracks in walls, faulty fitting of windows and doors and serious difficulties with landscaping and surrounding areas. It is unfair that contractors who are incapable of doing a proper job should be allowed to take on contracts.

Under EU law such builders would have a case against local authorities if they were not given the contracts because they tendered lowest price. While this issue does not form part of this Bill, it should be considered in respect of all housing estates. We must ensure that laws exist to protect the owners.

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