Seán Fleming (Laois-Offaly, Fianna Fail) | Oireachtas source

I wish to point out, based on my earlier contribution, that there is extensive legislation in place to regulate the formulation of rules by management companies that cover multi-unit developments. The Deputy is suggesting there are issues of over-regulation by some management companies in how they implement the rules but as I said, the rules have to be agreed at specially convened meetings of the property owners or their agents. People should always be aware of that. They must also be given 21 days notice of meetings at which any changes to the rules will be proposed.

In addition, section 24 of the Multi-Unit Developments Act contains provisions for the resolution of disputes regarding multi-unit developments. It provides that a person, including a member of an OMC, may apply to the Circuit Court for an order to enforce any rights conferred or obligations imposed by the Act. If the court is satisfied that a right has been infringed or an obligation has not been discharged, it may make such remedial order as it deems appropriate in the circumstances with a view to ensuring the effective enforcement of the right or the effective discharge of the obligation. The Act also contains provisions which encourage the resolution of disputes which may arise between parties by means of mediation rather than recourse to court proceedings.

The programme for Government commits to conducting a review of the existing management company legislation. The Department will engage with all relevant Departments in relation to advancing this commitment.

See this speech in context