Dermot Ahern (Louth, Fianna Fail)

On Committee Stage I said I was sceptical of the need for this type of amendment. However, we have re-examined the matter and section 18 makes it clear that house rules must be consistent with the covenants and conditions included in the title deeds. A purchaser would have been advised prior to purchasing about such covenants and conditions in his or her title deeds such that he or she would have been able to decide not to proceed. Even after he or she has purchased, however, he or she may still seek recourse to the dispute resolution provisions in section 19. On the other hand, if the house rules deal with matters not dealt with in the title deeds, it means they have been agreed and adopted at a meeting of the apartment owners, due notice having been given of the holding of such a meeting. Therefore, the purpose of such rules is deal with the effective operation and maintenance of the development in promoting the quiet enjoyment of the property by apartment owners. It would not be a good idea for unit owners to have the opportunity to challenge rules properly adopted and designed to improve the quality of living of all residents in the development.