Cyprian Brady (Dublin Central, Fianna Fail)

I thank Deputy Kennedy for sharing his time with me. I have called for this legislation for some time. I welcome the introduction of this Bill because since the late 1980s, when some of the first apartment complexes were constructed in my constituency of Dublin Central, there have been numerous issues concerning some of the aspects of living in an apartment complex addressed in this legislation. I recall a discussion with a senior local authority official a number of years ago. He expressed concern that many of these apartment complexes would be a return to the old slums in Dublin in the 1930s and 1940s. In the vast majority of cases, that has not happened. In many cases the complexes are well-managed and many of the residents are organised and have an input into the day-to-day running of the complex. However, a number of complexes are suffering badly. The local authority provides accommodation on a social basis to the population in Dublin and a mixture of social and private housing exists in many of these complexes. That brings its own problems. Some of the measures in this Bill will deal with those issues. I support Deputy Kennedy in his call for the introduction of the Property Services (Regulation) Bill, which is crucial to supplementing the changes proposed in this Bill.

This Bill legally defines the difference between ownership and management. It solidifies the rights of owners and tenants and specifies their obligations. My experience of voting rights is such that owner occupiers are not aware they are part of the management structure of the apartment complex in which they own apartments. The vast majority in Dublin Central, and particularly in the centre of the city, are tenants and the properties are owned by landlords. That is changing very slowly and we now have a number of owner occupiers who are not aware of their rights as regards voting at annual general meetings. In this context, I welcome the introduction in this Bill of a requirement to produce an annual report that is agreed by all the members of the management company and which is discussed in detail at the annual general meeting.

The issue of service charges has always been an ongoing problem and recently, when times were good, service charges increased phenomenally. However, people, particularly those who find themselves in negative equity, who have experienced a reduction in their working hours or who have lost their employment, are now under severe pressure to maintain the service charges and to keep up their payment. Moreover, there now is quite a number of vacant units that are causing serious problems, particularly in some of the more recent developments.

Deputy Kennedy referred to sinking funds, which are crucial to the proper management and running of an apartment complex. In some apartment complexes, albeit in a small number of cases, no sinking fund exists. However, this legislation will ensure that a sinking fund is put in place. I presume the requirement of €200 per unit specified in the Bill is a minimum contribution, as I imagine that it will be adequate in some complexes but not in others. Many such complexes have been in place since the mid to late-1980s and I know of one particular complex in Gardiner Street in my constituency, which is extremely well-managed and which has the co-operation and involvement of the vast majority of residents, both owner occupiers and tenants, in its management. They work closely with the management company in maintaining an upmarket and high-quality development in the centre of the city. However, they pay very dearly for this and the service charges and contributions towards their sinking fund are highly onerous on some tenants and owners. Nevertheless, a sinking fund is crucial to the proper management and maintenance of many complexes.

A number of speakers have mentioned the issue of antisocial behaviour. It ranges from a barking dog right through to noise and disturbance from parties at all hours of the morning. Moreover, until recently, some developments did not have noise abatement measures built into them during their construction. Consequently, developers are now being obliged to go back at the behest of the tenants and owners to try to resolve such issues. I refer to noises such as those from people walking across the floor and make the point that people must be able to walk across their apartment or to have a radio or television turned on. One can have house rules, which will be fine if everyone obeys them. However, it only takes a very small minority to cause major disruption for quite a lot of people. There must be some kind of regulation and an imposition on people to appreciate this, particularly in apartment complexes in which one lives in close proximity to one's neighbour, notwithstanding the fact that people have told me they may not see their neighbour from one end of the year to the other. However, this is the modern way of life and the introduction of some form of rules and regulations, particularly in respect of noise, is very much be welcomed.

The division between the rights and obligations of tenants and landlords also is to be welcomed. As for the mediation of disputes, there have been a number of disputes around the city which have never been resolved. Tenants and owner-occupiers find themselves in a very difficult position because the developer had complete control of the management company and chose the management agent. Consequently, such people have absolutely no input or have not even been informed by the developer of the identity of those to whom they should speak in the event of a dispute. In some places, there has been a complete lack of co-operation or exchange of information.

I also welcome the fact that the Bill also covers existing complexes. As I noted, while there have been elements of antisocial behaviour in some complexes, this happens in every housing estate, be it private or public, around the country and is a law and order issue. I have also often noticed recently that many residents of apartment complexes have become involved in their local communities. For example, in one case the tenants and owner-occupiers in a particular complex joined the local community policing forum. They were dealing with issues pertaining to antisocial behaviour and this is greatly to be welcomed. Finally, I note that many such complexes were never designed or built to house families. In future, a major effort must be made to ensure that any future developments take account of a family units which may grow over time. There are no facilities for children in many complexes and this leads to tension within the complexes themselves. However, I greatly welcome the introduction of this legislation and I wish it a speedy passage through the Dáil.

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