Seanad debates

Wednesday, 10 March 2010

Multi-Unit Developments Bill 2009: Committee Stage

 

4:00 pm

Photo of Ivana BacikIvana Bacik (Independent)

I am trying to think of another dreadful pun to wrap up the debate on the amendment.

I note what the Minister and Senator McDonald said about restrictive covenants. The amendment could be seen as having a less broad effect and aims to ensure that where a lease is silent on this issue and there is no restrictive covenant contained in it, the house rules could not then prohibiting air drying.

The Minister cited the example of the keeping of pets. Sometimes, even where a lease is silent on the issue, house rules are brought forward by the residents or the management company prohibiting the keeping of pets or air drying in apartments. I am not suggesting this provision would necessarily override restrictive covenants but, rather where covenants and leases are silent on this issue, the house rules could not prohibit this practice.

Another point which the Minister made under section 12 is that this provision would only be prospective; therefore, it would not apply to existing complexes where house rules have already been drawn up, as I understand it. Perhaps it is of more limited scope than the Minister believes. However, I would be grateful if, as he suggested, he put something in a more positive framework stating that house rules should have regard to environmental considerations and to the desirability of air drying of laundry. That might be a way to deal with it.

I will withdraw the amendment but reserve the right to table a new one with perhaps a more positive wording on Report Stage because it is an important point in terms of lifestyle and the nature of living in apartments. It is such a burning issue, although "burning" is the wrong word when talking about clothes. It is an issue which, as I said, excites much opinion and controversy.

Amendment, by leave, withdrawn.

Section 17, as amended, agreed to.

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