Seanad debates

Wednesday, 10 March 2010

Multi-Unit Developments Bill 2009: Committee Stage

 

4:00 pm

Photo of Ivana BacikIvana Bacik (Independent)

I will not press the amendment at this stage.

Amendment, by leave, withdrawn.

Schedule 1 agreed to.

NEW SCHEDULE.

Government amendment No. 73:

In page 21, after line 14, to insert the following:

1. Section 4 - (Obligation of developer to transfer ownership of common areas of completed developments to owners' management company).

2. Section 5 - (Obligations to complete development to remain with developer).

3. Section 6 - (Automatic transfer of membership of owners' management company on sale of unit).

4. Section 13 - (Annual meetings and reports of owners' management companies) - other than -

(a) section 13(2)(c),

(b) section 13(2)(g) (to the extent that that provision related to the relevant part of the development), and

(c) section 13(2)(h) .

5. Section 14 - (Annual service charges).

6. Section 18 - (Dispute resolution and rehabilitation of multi-unit developments) (other than subsections (4)(b) and (4)(f) of that section).

7. Section 19 - (Persons who may apply under section 18).

8. Section 20 - (Jurisdiction and venue of Circuit Court).

9. Section 21 - (Mediation conferences).

10. Section 22 - (Report of chairperson of mediation conference).

11. Section 23 - (Saver for existing jurisdictions).

12. Section 24 - (Restoration of certain companies to register).

13. Section 25 - (Transfer of benefit of guarantees and warranties).

14. Section 26 - (Restriction of entering into certain contracts).

15. Section 27 - (Exercise of power to make regulations).

16. Schedule 3.".

Amendment agreed to.

Schedule 2 agreed to.

NEW SCHEDULE.

Government amendment No. 74:

In page 21, after line 14, to insert the following:

1. A Certificate of compliance or an architect's or engineer's opinion as to the completion of the development

(i) in accordance with all relevant planning permissions under the Planning and Development Acts 2000 to 2009, (other than in relation to a condition of such permission relating to the making of financial contribution,

(ii) in accordance with the Building Control Acts 1990 and 2007.

2. Certificates confirming that any financial contributions required by virtue of a condition in a relevant planning permission under the Planning and Development Acts 1990 and 2007 or pursuant to any other statutory enactment have been paid.

3. The Safety File relating to the development.

4. Professionally prepared drawings of the development together with the latest revisions of the drawings of the structure or structures prepared by the design team.

5. Professionally prepared drawings showing the services relating to the development, as built.

6. Operational and maintenance manuals relating to plant and equipment in the development.

7. Documentation relating to warranties and guarantees as respects plant and equipment in the development.

8. Maintenance contracts and contracts for the provision of services relating to the development.

9. Test records relating to drainage, water pipe work and heating pipe work.

10. Schedule of plant and equipment setting out the expected useful life of such plant and equipment.

11. Title documents relating to the development including, as respects the common areas and the reversion, the original stamped deeds (including the declaration made pursuant to section 9 or 10).

12. Stamped and registered counterpart leases or other deeds relating to each unit in the development or relevant part of the development.

13. Documentation relating to the owners' management company including such documents and records as the company is required by law to maintain together with financial and management accounts and records relating to service charges as respects the development.".

Amendment agreed to.

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