Results 14,301-14,320 of 16,849 for speaker:Dermot Ahern

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Dermot Ahern: This is a technical amendment to cater for the fact that certain multi-unit developments are completed in phases. It makes clear that the obligations on developers set out in section 3 also apply in respect of such phased developments.

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Dermot Ahern: I indicated on Committee Stage I would reconsider this matter in the meantime. It may well be that I will be obliged to reconsider this matter further between now and the Bill's appearance before the Dáil because the Department received a complex submission from the architects' body late last Friday. It was too late to be considered in the context of Report Stage in this House and...

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Dermot Ahern: The amendment seems to be based on a misunderstanding of section 3, the requirements of which apply to future multi-unit developments. If some of the units in a development have been sold, section 4 applies, while if the development has been substantially completed, section 5 applies. I am told the amendment is not necessary.

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Dermot Ahern: I indicated on Committee Stage that I would be proposing amendments to deal with the liability of a developer to pay service charges and the sinking fund contributions in respect of unsold units. Amendment No. 32 will make the developer liable for the annual service charge on unsold units from the date on which the first unit in the multi-unit development is sold. Amendments Nos. 34 and 35...

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Dermot Ahern: This is a drafting amendment.

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Dermot Ahern: This amendment fails to recognise that section 4 has been designed to cater for multi-unit developments which are partly completed, that is, some units have been sold but the development is not substantially completed to the standard which would bring it under section 5. It is, therefore, incumbent on the developer to complete the development. We do not see a basis for the proposed...

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Dermot Ahern: Section 4 imposes an obligation on a developer to transfer the common areas in substantially completed developments to the owner-management company within six months of the enactment of the legislation. On the issue of certifying by a professional person, we will look at this issue between now and the Dáil examination of this Bill because there are issues relating to surveyors and other...

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Dermot Ahern: This inserts a new section into the Bill and arises from recent discussions between my Department and the Law Society. The new section will place an obligation on the owners' management company to join in any transfer or conveyances of units and to take any reasonable steps to enable a purchaser to obtain good marketable title to the property. The Law Society suggested that a provision along...

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Dermot Ahern: On amendment No. 29, the same principle applies — whether it is 24 months, 12 months or whatever — that there is a difficulty in passing legislation which would purport to change existing rights and obligations laid down in the memoranda and articles of association of companies. Under section 19(4)(a), it will be possible to seek a court order to amend legal documentation on a...

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Dermot Ahern: Where no unit has been sold, the new arrangements would obviously apply. Where some units have been sold, it would cause grave difficulty in that, ultimately, on completion of the entire development, some apartments would be dealt with under the old memorandum and the newer apartments would be dealt with under the amended memorandum, and there would be a complete inconsistency. As I stated,...

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Dermot Ahern: The advice of the Office of the Attorney General was taken on this point. I have some sympathy for the proposal, but it is a case of where do we draw the line. With regard to due consideration being given to the type and size of the unit owned, it would be necessary to take into account the fact that one unit had a bigger balcony; that one unit had a sea view whereas another did not; that...

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Dermot Ahern: The Senator will not hear me denigrating the Seanad. I have recently acknowledged both here and in the other House the merits of the Seanad and its discussions. I am the Minister who brings forward at least two thirds of all the legislation passed through the Oireachtas. Perhaps Senator Mullen will impress on some of his colleagues on his side of the House the necessity for a second House....

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Dermot Ahern: On Committee Stage I indicated that I would examine the possibility of looking at a more flexible approach to the payment of minimum sinking fund contributions. As I am conscious of the need for flexibility in the matter, the amendment substitutes the word "other" for "greater" in section 16(4). This will mean that the annual contribution to the sinking fund will be €200, unless a...

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Dermot Ahern: This is a drafting amendment.

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Dermot Ahern: These are technical amendments which make it clear that section 17 applies both to the annual service charge referred to in section 15 and the sinking fund contributions referred to in section 16. The effect of section 17 remains the same, that is, that an owner-management company will be able to issue a request for payment of an aggregate amount comprising the annual service charge and the...

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Dermot Ahern: Issues relating to the recovery of outstanding service charges and sinking fund contributions were raised on Committee Stage when I undertook to examine them. On reflection, the best solution is to insert this new section into the Bill. It provides that the owner or management company may seek to recover outstanding service charges and sinking fund contributions as simple contract debts in...

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Dermot Ahern: This is a drafting amendment to improve the presentation of section 18(1).

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Dermot Ahern: Amendments Nos. 43 and 44 are drafting amendments. Amendment No. 46 broadens the scope of paragraph (j) to cover all multi-unit developments, not just mixed-use developments. The purpose of the paragraph is to allow unit owners to obtain a court order if a proposal to alter the physical characteristics of a development would disproportionately or inequitably affect them. The scope of the...

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Dermot Ahern: In section 19(4)(h) we have provided that a court order may be sought where the developer unreasonably refuses to transfer ownership of the common areas to an owner-management company. In more recent discussions with my Department the Law Society has mentioned possible cases of the opposite arising, that is, where the owner-management company unreasonably refuses, for whatever reason, to...

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Dermot Ahern: On Committee Stage I said I was sceptical of the need for this type of amendment. However, we have re-examined the matter and section 18 makes it clear that house rules must be consistent with the covenants and conditions included in the title deeds. A purchaser would have been advised prior to purchasing about such covenants and conditions in his or her title deeds such that he or she...