Seanad debates

Wednesday, 10 March 2010

Multi-Unit Developments Bill 2009: Committee Stage

 

3:00 pm

Photo of Ivana BacikIvana Bacik (Independent)

In principle, our amendment has been accepted, albeit in a different way. I am delighted that the roll seems to be continuing. The principle, suggested by AON, is important. Not only would the owner of the beneficial interest make the declaration, but he or she would deliver it to the OMC to ensure the company knows about it. The purpose is straightforward, but I see that amendment No. 74 accepts the principle and relates generally to the documentation that must be supplied. This is welcome, as there has been a knowledge deficit for too long. Apartment owners have pointed out the problem of a knowledge deficit to many of us on doorsteps. This Bill will generally address that problem, so I am delighted that amendment No. 74 will accept our amendment in principle. In the circumstances, amendment No. 41 might fall, but I will withdraw it.

Amendment agreed to.

Amendment No. 41 not moved.

Section 9, as amended, agreed to.

Amendment No. 42 not moved.

SECTION 10.

Government amendment No. 43:

In page 8, lines 43 to 50, to delete subsection (1) and substitute the following:

"10.--(1) Where in respect of a multi-unit development the development stage has not ended and either section 2(6) or 3(2) applies, and the owners of 60 per cent of the units in a multi-unit development or a relevant part of the development request the owner of every beneficial interest in the common areas and reversion in the units which is reserved by virtue of those provisions to do so, such owner shall, subject to subsection (2), or unless good and sufficient cause is shown, as soon as practicable thereafter make a statutory declaration for the benefit of the owners' management company that as respects the development or the relevant part of the development concerned the beneficial interest concerned stands transferred to the owners' management company concerned, and the effect of the making of such declaration is that the beneficial interest and legal interest in the common areas and in the reversion in the residential units concerned stand merged.".

Amendment agreed to.

Section 10, as amended, agreed to.

SECTION 11.

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