Seanad debates

Tuesday, 1 June 2010

Multi-Unit Developments Bill 2009: Report and Final Stages

 

5:00 pm

Photo of Ivana BacikIvana Bacik (Independent)

I move amendment No. 47:

In page 19, between lines 29 and 30, to insert the following:

"(m) annulling house rules or any provision thereof if such rules interfere unreasonably with the rights of an owner of a unit.".

This amendment is self-explanatory. It would give the court an additional power under section 19 by inserting a new paragraph (m) enabling the court to make an order "annulling house rules or any provision thereof if such rules interfere unreasonably with the rights of an owner of a unit". It is to be read in conjunction with the regulations on house rules in section 18. It anticipates that some rules might be adopted in a complex that would be over-zealous, for example, prohibiting the air-drying of laundry in an unreasonable way. This would offer some recourse or mechanism for redress where an apartment owner considered his or her rights were being interfered with unreasonably. It would simply give him or her the power to go to court to seek an order of this kind. It would clearly be up to the court to decide whether it would be appropriate to annul the house rules or any provision thereof.

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