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Multi-Unit Developments Bill 2009 (Seanad): Report and Final Stages (15 Dec 2010)

Dermot Ahern: I agree with Deputy Rabbitte that it is important to pass this Bill, and I accept that time is short. Given that we are coming up to Christmas and that there is a short term after that, it is important to pass it. Most of the amendments go to the very heart of the legislation we are dealing with, which is how best to ensure satisfactory completion of the common areas of multi-unit...

Multi-Unit Developments Bill 2009 (Seanad): Report and Final Stages (15 Dec 2010)

Dermot Ahern: I have sympathy for the point Deputy Rabbitte made with regard to the retention and I have considered the matter carefully. However, all the advice I have received is that it could be the source of considerable dispute as to what is or is not "completion". The fact is that the planning and building control laws do not provide any guidance with regard to issues such as snagging. Ultimately,...

Multi-Unit Developments Bill 2009 (Seanad): Report and Final Stages (15 Dec 2010)

Dermot Ahern: I may end up simply repeating myself, save to say that I have sympathy with regard to the retention issue. However a problem arises in the case of an apartment block with many units. If a retention of 5% were allowed, vast figures could be retained by the owner management company. For example, if there were a retention such that the entire amount retained by the owner management company...

Multi-Unit Developments Bill 2009 (Seanad): Report and Final Stages (15 Dec 2010)

Dermot Ahern: I move amendment No. 3: In page 5, to delete line 16. These are drafting amendments. As the Leas-Cheann Comhairle indicated, this is a large group of drafting amendments that arise from earlier amendments to the scope of the Bill. The Bill's scope was extended on earlier Seanad Stages and on Select Committee to include traditional housing estates which have an owner-management company...

Multi-Unit Developments Bill 2009 (Seanad): Report and Final Stages (15 Dec 2010)

Dermot Ahern: I move amendment No. 4: In page 5, line 37, to delete "shall be considered" and substitute "shall be regarded". This is a drafting amendment. Amendment agreed to.

Multi-Unit Developments Bill 2009 (Seanad): Report and Final Stages (15 Dec 2010)

Dermot Ahern: I move amendment No. 5: In page 5, after line 47, to insert the following: "(6) Subject to any order made by a court pursuant to section 21, nothing in this Act relating to— (a) the obligation to transfer the ownership of the common areas of a multi-unit development or a relevant part of such common areas to the owners'management company concerned, (b) the obligation to establish an owners'...

Multi-Unit Developments Bill 2009 (Seanad): Report and Final Stages (15 Dec 2010)

Dermot Ahern: I move amendment No. 6: In page 6, lines 3 and 4, to delete "comprising 2 or more units but less than 5 units" and substitute the following: "comprising 2 or more residential units but less than 5 residential units". Amendment agreed to. Bill reported with amendment.

Multi-Unit Developments Bill 2009 (Seanad): Report and Final Stages (15 Dec 2010)

Dermot Ahern: I move amendment No. 7: In page 6, to delete lines 5 to 10 and substitute the following: "(2) Where— (a) all the units in a multi-unit development are residential units, and (b) the structure, or that part of the structure, in which the residential units are situate, does not form part, and was never intended to form part, of the common areas of the development, the provisions of Schedule 2...

Multi-Unit Developments Bill 2009 (Seanad): Report and Final Stages (15 Dec 2010)

Dermot Ahern: I move amendment No. 8: In page 6, to delete line 13 and substitute the following: "(a) residential units in the development, and".

Multi-Unit Developments Bill 2009 (Seanad): Report and Final Stages (15 Dec 2010)

Dermot Ahern: I move amendment No. 9: In page 6, lines 15 and 16, to delete "by such commercial units and units" and substitute "by such commercial units and residential units".

Multi-Unit Developments Bill 2009 (Seanad): Report and Final Stages (15 Dec 2010)

Dermot Ahern: I move amendment No. 10: In page 6, line 20, to delete "be considered" and substitute "be regarded".

Multi-Unit Developments Bill 2009 (Seanad): Report and Final Stages (15 Dec 2010)

Dermot Ahern: I move amendment No. 11: In page 6, line 34, to delete "of the development" and substitute "of the mixed use multi-unit development".

Multi-Unit Developments Bill 2009 (Seanad): Report and Final Stages (15 Dec 2010)

Dermot Ahern: I move amendment No. 12: In page 6, line 44, to delete "a unit in a multi-unit development" and substitute "a residential unit in a multi-unit development".

Multi-Unit Developments Bill 2009 (Seanad): Report and Final Stages (15 Dec 2010)

Dermot Ahern: I move amendment No. 13: In page 7, lines 5 and 6, to delete "in the unit being transferred" and substitute "in the residential unit being transferred".

Multi-Unit Developments Bill 2009 (Seanad): Report and Final Stages (15 Dec 2010)

Dermot Ahern: I move amendment No. 14: In page 7, line 8, to delete "and" and substitute the following: "(c) a certificate from a suitably qualified person that the relevant parts of the multi-unit development have been constructed in compliance with the fire safety certificate concerned issued pursuant to the Building Control Acts 1990 and 2007 has been furnished by the person to whom subsection (2)(b)...

Multi-Unit Developments Bill 2009 (Seanad): Report and Final Stages (15 Dec 2010)

Dermot Ahern: I move amendment No. 15: In page 7, line 16, to delete "requirements, and" and substitute "requirements,".

Multi-Unit Developments Bill 2009 (Seanad): Report and Final Stages (15 Dec 2010)

Dermot Ahern: I move amendment No. 16: In page 7, line 18, to delete "concerned." and substitute the following: "concerned, (iii) the release to the developer of monies held by the owners' management company where the contract provides for monies to be so held by the owners' management company pending completion of the common areas concerned, and (iv) the process for resolving disputes between the parties...

Multi-Unit Developments Bill 2009 (Seanad): Report and Final Stages (15 Dec 2010)

Dermot Ahern: I move amendment No. 20: In page 7, line 26, to delete "common areas of a multi-unit development" and substitute the following: "relevant parts of the common areas of a multi-unit development".

Multi-Unit Developments Bill 2009 (Seanad): Report and Final Stages (15 Dec 2010)

Dermot Ahern: I move amendment No. 21: In page 7, line 29, to delete "of the said lands" and substitute "of the land concerned".

Multi-Unit Developments Bill 2009 (Seanad): Report and Final Stages (15 Dec 2010)

Dermot Ahern: I move amendment No. 22: In page 7, to delete lines 30 to 33 and substitute the following: "(b) to transfer all rights necessary to enable the owner of each residential unit to enjoy the quiet and peaceful occupation of the residential unit of which he or she is the owner, and". This is a technical amendment which does not change the substance of the paragraph. It seeks to make clear that...

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