Results 13,001-13,020 of 16,849 for speaker:Dermot Ahern

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

Dermot Ahern: Both amendments have the same intent, that is, to ensure the obligation on the developer to indemnify the owners' management company in respect of claims made against it will be at the expense of the developer and no one else.

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

Dermot Ahern: I am very amenable.

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

Dermot Ahern: These are technical amendments. Amendment agreed to. Government amendment No. 39: In page 7, subsection (5), line 37, to delete "transferred lands" and substitute "transferred common areas". Amendment agreed to. Section 7, as amended, agreed. Section 8 agreed to.

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

Dermot Ahern: The transfer of common areas provided for in sections 2 and 3 specify that, while legal ownership has transferred to the owners' management company, OMC, the beneficial ownership remains with the developer. Section 9 provides that, following completion of a development, a declaration be made by the developer. Amendment No. 40 makes it clear that the required declaration will result in the...

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

Dermot Ahern: These amendments provide some safeguard in terms of the right of an OMC to enter upon and carry out works on adjoining land held by the developer. The new subsection (2) provides that the OMC shall not carry out repairs unless it has first requested the person with responsibility for doing so to carry out the repairs and has offered him or her a reasonable opportunity to do so. However,...

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

Dermot Ahern: I am not sure that the Senator would be interested in them because we are at a loss as to why this amendment has been tabled. It ignores the fact that many of the provisions of the new proposed section are already included in the Bill, for example, in sections 2, 12 and 13. The provisions of subsection (5) of the amendment are well covered in section 13. Similarly, the provisions of...

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

Dermot Ahern: It is up to the Government to propose and the Oireachtas to dispose. The LRC gives advice, but it is not an oracle. The Government can take or reject the LRC's advice. It must also take advice from the Attorney General and listen to vested interests, the Opposition and the media. We do not have an ongoing communication with the LRC as regards this Bill. I appreciate the work that the...

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

Dermot Ahern: This matter was raised by a number of Senators during the debate on Second Stage. It was always my intention that one vote would attach to each unit rather than unit owner. The amendment makes this clear. Amendment agreed to.

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

Dermot Ahern: Senator Bacik's amendment would introduce an element of retrospection in section 12. To do so would be to rewrite existing management company documentation, particularly their constitutions. Such documents are already contained in the legal documentation each unit owner has received. I am advised that this would not be possible. I have endeavoured to make the Bill applicable, as far as...

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

Dermot Ahern: Section 13(2)() requires that the annual report of the owners' management company include a statement on whether a fire safety certificate has been issued for the development. It has been pointed out that a fire safety certificate is issued prior to the construction of a building and continues to apply until such changes are made to the building as would require the issue of a new...

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

Dermot Ahern: Section 13(5) provides that the annual meeting of the owners' management company must take place in reasonable proximity to the development and at a reasonable time, unless 75% of the members agree to another arrangement. The amendment makes it clear that any such agreement must be in writing. Similarly, section 14(2) provides that a meeting of the owners' management company to decide on...

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

Dermot Ahern: I ask the Senator to withdraw her amendment. I will undertake to consider the matter and introduce an appropriate amendment on Report Stage which will take into account the content of the proposed amendment. The issue of when a developer becomes liable for the payment of service charges or a building investment fund contribution remains to be clarified. That will require more time.

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

Dermot Ahern: The proposed threshold of 90% of members attending and entitled to vote is considered too high and out of line with other thresholds in the Bill. Accordingly, the amendment reduces the threshold to 75% of those attending and entitled to vote at a meeting on annual service charges. Amendment agreed to. Amendment No. 55 not moved. Question proposed: "That section 14, as amended, stand part of...

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

Dermot Ahern: I am sympathetic to the concerns raised, although if we were to be prescriptive in this regard, we might see officials going in to measure units to determine their size and type. I always err on the side of over-regulating but I will consider whether we can come up with an appropriate wording before Report Stage, although I am not sure we can.

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

Dermot Ahern: It has been pointed out to the Department that to provide that a sinking fund contribution be apportioned in the same manner as the service charge would be inconsistent with current best practice. While service charges covering insurance, refuse collection, etc., are normally related to the size of an apartment, contributions to the sinking fund are calculated on the basis that all apartment...

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

Dermot Ahern: It is better if the decision on a sinking fund contribution is left to the owners rather than putting the matter into the hands of a professional surveyor. If they want to use the services of a surveyor, they are free to do so. I am conscious some owners may have a difficulty in paying high contributions, especially first-time buyers. The legislation tries to encourage the owners to take...

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

Dermot Ahern: There is a significant overlap between subsections (3) and (8). Therefore, I propose the deletion of the latter. Amendment agreed to. Question proposed: "That section 15, as amended, stand part of the Bill".

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

Dermot Ahern: If the developer is exiting the development, I cannot see why he would be liable to pay into the sinking fund. Perhaps I am misunderstanding the Senator. This may, in turn, mean the price of each unit could increase because if the developer was required to pay into a sinking fund, he or she may add the payment to the price. I accept developers have to make a contribution regarding the...

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

Dermot Ahern: Three years was a compromise figure. The developer will be long gone after three years. Many of those who purchase units will be first-time buyers and we do not want to overly burden them. Question put and agreed to. Section 16 agreed to. SECTION 17.

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

Dermot Ahern: This amendment provides for a better phraseology that than proposed in Senator Bacik's amendment. Amendment agreed to.