Dermot Ahern (Louth, Fianna Fail)

In section 19(4)(h) we have provided that a court order may be sought where the developer unreasonably refuses to transfer ownership of the common areas to an owner-management company. In more recent discussions with my Department the Law Society has mentioned possible cases of the opposite arising, that is, where the owner-management company unreasonably refuses, for whatever reason, to accept the transfer of common areas from the developer. For that reason, I am proposing to allow the court to make an appropriate order in cases where the unit owners unreasonably refuse to accept the transfer of common areas.