Dermot Ahern (Louth, Fianna Fail)

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, subsection (3) will ensure that, where essential and immediate repairs are required, they can be carried out notwithstanding the provisions of subsection (2).

Amendment agreed to.

Government amendment No. 45:

In page 9, between lines 35 and 36, to insert the following subsections:

"(2) An owners' management company shall not carry out repairs or maintenance pursuant to subsection (1) unless it has--

(a) requested the person who had responsibility for carrying out such repairs or maintenance to do so, and

(b) afforded such person a reasonable opportunity to carry out the repairs or maintenance.

(3) Subsection (2) shall not apply where it is essential that the repairs or maintenance concerned be carried out in the shortest possible period, so as to reduce or minimise any loss to the owners' management company or the owner or occupier of a unit in the development.".

Amendment agreed to.

Section 11, as amended, agreed to.

NEW SECTION.