Seanad debates

Wednesday, 10 March 2010

Multi-Unit Developments Bill 2009: Committee Stage

 

4:00 pm

Photo of Feargal QuinnFeargal Quinn (Independent)

I move amendment No. 69:

In page 18, between lines 6 and 7, to insert the following subsection:

"(3) The Small Claims Court will deal with non-payment of service charges or building investment funds up to the value of €3,000.".

The Minister will understand the purpose of my amendment, which is to provide that the Small Claims Court could deal with cases arising from the non-payment of service charges or building investment funds up to the value of €3,000. The section's provisions for dealing with the non-payment of management fees are excessive and involve a drawn out process of bringing a case to the Circuit Court. This is an expensive step which requires using the services of a solicitor or barrister. The provisions are also contrary to the recommendation of the Law Reform Commission that the Small Claims Court be used in disputes of this nature. Such a procedure would be relatively fast and inexpensive and the system would be much more efficient for all parties concerned. The amendment would be a useful addition to the Bill.

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