Seanad debates
Wednesday, 10 March 2010
Multi-Unit Developments Bill 2009: Committee Stage
4:00 pm
Ivana Bacik (Independent)
I move amendment No. 66:
In page 17, subsection (4), between lines 7 and 8, to insert the following:
"(j) annulling house rules or any provision thereof if such rules interfere unreasonably with the rights of an owner of a unit.".
This amendment would provide for some appeal mechanism if rules are adopted which are over-zealous. The amendment proposes to insert a new subsection () under which somebody may apply to the court to annul a house rule or any provision if the rules interfere unreasonably with the rights of an owner of a unit.
I suppose there is a point there in terms of air drying. This might be a way to resolve an issue if somebody was prohibited from air drying clothes and felt that was in some way unreasonable. It is to include a sort of appeals mechanism to ensure house rules do not interfere unreasonably with the rights of an owner. One can imagine in a small development that it might be possible for rules to be adopted to get at a particular unit owner. It is important there is a mechanism such as this within the section.
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