Results 3,901-3,920 of 16,849 for speaker:Dermot Ahern

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: ): Following discussions in this House on Second Stage and in response to various submissions I received, I am making a provision to extend the Bill's scope to cover both residential units in mixed use multi-unit development, that is, developments containing commercial units and traditional housing estates where property management companies have been put in place. For this purpose, it is...

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

Dermot Ahern: This revised text makes it clear that common areas extend to internal and external common areas of a multi-unit development. There were some submissions when the Bill was published in regard to the existing definition of "common areas" that it did not go far enough. We are now making it clear that it extends to internal and external common areas.

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

Dermot Ahern: I recognise there were significant issues relating to the completion of multi-unit developments. I also acknowledge the very real concern which lies behind the amendment. However, I am not convinced the proposed mechanism in this amendment will resolve these problems. If a satisfactory agreement can be worked out between the parties, there is no obstacle to that. Experience shows, however,...

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

Dermot Ahern: In some developments the developer of the site does not construct the buildings and units and this work is undertaken by another builder. The definition of the word "developer" is, therefore, being extended to make it clear that it includes the person who either carries out the development or arranges for another to develop and construct the buildings. Amendment agreed to.

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

Dermot Ahern: I will accept both amendments because they extend the citation of the Planning and Development Acts. Amendment agreed to. Government amendment No. 6: In page 4, subsection (1), to delete lines 1 to 4 and substitute the following: " "mixed use multi-unit development" means a multi-unit development of which a commercial unit (other than a childcare facility) forms part of the development;...

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

Dermot Ahern: Having examined the matter, I cannot accept the amendment because the deletion of the relevant lines would make the Bill less clear and cause difficulty with regard to developments which are normally completed in phases. While we may not want developments to be completed in phases, we cannot change the position and must tailor the law to this circumstance. Amendment No. 8 addresses the issue...

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

Dermot Ahern: This amendment makes it clear that a reversion is the residue of ownership which remains after the grant of a lease. The normal conveyancing practice in cases of apartments has been to grant a long lease to the purchaser with a freehold reversion being vested in the owner's management company, of which the purchaser is also a shareholder. Amendment agreed to. Government amendment No. 11: In...

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

Dermot Ahern: Amendment No. 12 is designed to ensure the developer of unsold units in a development is recognised as the unit owner. In that context, the developer will have the same rights and responsibilities as other owners in the developer. The amendment addresses the objective of amendment No. 13 tabled by the Labour Party. Amendment agreed to. Amendment No. 13 not moved. Government amendment No....

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

Dermot Ahern: Amendment No. 17 constitutes a major change to the Bill, as published. It inserts a new section which extends the scope of the Bill to residential units in mixed use developments and more traditional housing estate developments. Subsection (1) replaces the provisions of subsection (3) by providing that the sections referred to in Schedule 1 will apply to multi-unit developments which...

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

Dermot Ahern: I thank the Senators. This amendment was in response, not only to representations we received but also to the Second Stage debate on the matter. There has been a great deal of deliberation about this legislation. I am the sponsoring Minister but there has been significant input from the Departments of Enterprise, Trade and Employment and the Environment, Heritage and Local Government....

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

Dermot Ahern: Large elements of this Bill can be applied retrospectively because they do not overturn agreements made previously. For example, it is not retrospective in regard to the issue of voting rights because it may already be included in existing documentation pertaining to the development that certain voting rights are available. We cannot retrospectively change that. Issues relating to the...

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

Dermot Ahern: Senator Coffey's point is a good one. We are reasonably satisfied from the contact we have had with the various interests that fed into this legislation that all the representative groups, representing builders, apartment owners, etc., are well aware of the import of this Bill. I am a solicitor by profession and really the onus should be on the people. One cannot spoonfeed people. They...