Results 1,141-1,160 of 11,441 for speaker:Ivana Bacik

Seanad: Multi-Unit Developments Bill 2009: Committee Stage (10 Mar 2010)

Ivana Bacik: I move amendment No. 48: In page 10, lines 1 to 3, to delete subsection (4). This amendment is aimed at deleting section 12(4). This subsection restricts the application of section 12 because it states it applies to multi-unit developments, in respect of which development works will commence after the enactment of the Bill. It seems the one unit-one vote rule, of which we all approve, does...

Seanad: Multi-Unit Developments Bill 2009: Committee Stage (10 Mar 2010)

Ivana Bacik: I accept the Minister's point. Amendment, by leave, withdrawn.

Seanad: Multi-Unit Developments Bill 2009: Committee Stage (10 Mar 2010)

Ivana Bacik: I move amendment No. 52: In page 11, between lines 14 and 15, to insert the following subsection: "(2) The developer shall be liable to pay any charge under this section or section 15, within 30 days of invoice, for any unsold unit as if there were a unit owner for that unit.". The wording of the amendment has been suggested by the Apartment Owners Network, the members of which point out that...

Seanad: Multi-Unit Developments Bill 2009: Committee Stage (10 Mar 2010)

Ivana Bacik: I am grateful to the Minister for indicating his agreement that there is a mischief which we are trying to resolve. I will withdraw the amendment. I would be delighted to see the issue addressed in some way on Report Stage, although not necessarily through our proposed wording. The issue of the timing of the liability for service charges should be resolved in the legislation. Amendment, by...

Seanad: Multi-Unit Developments Bill 2009: Committee Stage (10 Mar 2010)

Ivana Bacik: There is no obligation on the developer to pay a contribution to the sinking fund. Will the Minister comment on this? I did not draft an amendment in this regard but other Members and I received an e-mail from property management personnel on the matter. The owner of each unit, including the developer or building contractor, is obliged to pay service charges but there is no obligation on...

Seanad: Multi-Unit Developments Bill 2009: Committee Stage (10 Mar 2010)

Ivana Bacik: I put this badly. The three-year timeframe is the difficulty. Section 15(6) states, "The obligation to establish a sinking fund and to make contributions shall apply on the happening of the later" of three years or "18 months since the coming into operation of this section". Clearly by then the developer should have exited. Should good estate management practice not be that the sinking...

Seanad: Multi-Unit Developments Bill 2009: Committee Stage (10 Mar 2010)

Ivana Bacik: I move amendment No. 59: In page 15, subsection (1), line 6, after "make" to insert ", amend or revoke". I am grateful to the Minister for accepting the principle underpinning this simple, technical amendment to enable the owner's management company not only to make house rules but also to amend or revoke them. The Minister's amendment No. 60 addresses this issue by providing that house...

Seanad: Multi-Unit Developments Bill 2009: Committee Stage (10 Mar 2010)

Ivana Bacik: I move amendment No. 61: In page 16, between lines 5 and 6, to insert the following subsection: "(11) House rules shall have due regard to environmental considerations and in particular may not prohibit air drying of laundry.". The amendment addresses a bugbear for any of us who has lived in an apartment. There is a right to dry campaign that points out the environmental and personal hygiene...

Seanad: Multi-Unit Developments Bill 2009: Committee Stage (10 Mar 2010)

Ivana Bacik: -----who consider the hanging of one's smalls on balconies or from windows to be unsightly. This is perhaps a rather contentious point but it should be considered, given the imperative to try to reduce carbon emissions. Tumble drying is one of the most energy intensive household tasks but it can be the only alternative in drying one's clothes if one is living in a confined space. One...

Seanad: Multi-Unit Developments Bill 2009: Committee Stage (10 Mar 2010)

Ivana Bacik: I am grateful to Senators Quinn and Coffey for their support for the amendment. I was being somewhat flippant earlier but I want to make one further important point. Inserting a provision such as this in the Bill would not only send an important signal in terms of environmental considerations but it would also force a change in apartment design. Senator Coffey asked if there were ways to...

Seanad: Multi-Unit Developments Bill 2009: Committee Stage (10 Mar 2010)

Ivana Bacik: Washing my dirty linen in public.

Seanad: Multi-Unit Developments Bill 2009: Committee Stage (10 Mar 2010)

Ivana Bacik: I am trying to think of another dreadful pun to wrap up the debate on the amendment. I note what the Minister and Senator McDonald said about restrictive covenants. The amendment could be seen as having a less broad effect and aims to ensure that where a lease is silent on this issue and there is no restrictive covenant contained in it, the house rules could not then prohibiting air drying....

Seanad: Multi-Unit Developments Bill 2009: Committee Stage (10 Mar 2010)

Ivana Bacik: I wish to move amendment No. 64. I am grateful the Minister has indicated he will accept it. It is a technical-----

Seanad: Multi-Unit Developments Bill 2009: Committee Stage (10 Mar 2010)

Ivana Bacik: I thought the Minister said he would accept amendment No. 64 but not amendment No. 65.

Seanad: Multi-Unit Developments Bill 2009: Committee Stage (10 Mar 2010)

Ivana Bacik: I see that. I am grateful to the Minister for incorporating amendment No. 64 into amendment No. 63. The Minister said he would not accept amendment No. 65 which was a technical amendment to include requirements under the Building Control Acts as well as the Planning and Development Acts in section 18. I already mentioned the Minister's amendment No. 63 and he also referred to it when we...

Seanad: Multi-Unit Developments Bill 2009: Committee Stage (10 Mar 2010)

Ivana Bacik: I move amendment No. 66: In page 17, subsection (4), between lines 7 and 8, to insert the following: "(j) annulling house rules or any provision thereof if such rules interfere unreasonably with the rights of an owner of a unit.". This amendment would provide for some appeal mechanism if rules are adopted which are over-zealous. The amendment proposes to insert a new subsection () under...

Seanad: Multi-Unit Developments Bill 2009: Committee Stage (10 Mar 2010)

Ivana Bacik: In light of what the Minister said, I will not press the amendment. However, I am glad he said he will look at this. He can see the mischief with which I am trying to deal. I accept his point that it could give rise to friction but it could also be seen as a way to try to deal with friction where a group of unit owners ganged up on another owner and introduced a rule which interfered...

Seanad: Multi-Unit Developments Bill 2009: Committee Stage (10 Mar 2010)

Ivana Bacik: I support the amendment, as its insertion would simplify arrears recovery, speed up the process and save management companies considerable costs associated with pursuing arrears. It is a sensible suggestion which I hope the Minister will accept.

Seanad: Multi-Unit Developments Bill 2009: Committee Stage (10 Mar 2010)

Ivana Bacik: It is sensible that the court should be able to refer a case for mediation on its own motion. What model is being used for the dispute resolution mechanism in section 21? Is it modelled on personal injuries legislation? Is it sufficiently tailored to disputes about completion which may require the resolution of technical issues by an engineer or architect mediator or conciliator? Does the...

Seanad: Multi-Unit Developments Bill 2009: Committee Stage (10 Mar 2010)

Ivana Bacik: I need to look at this issue in greater detail. It is a concern that was raised with me by the architects institute. I agree with the Minister that the objective should be to move to some type of alternative dispute mechanism rather than going to court. That objective is entirely positive and I agree that mediation conferences are infinitely preferable. The chair of the mediation...