Written answers

Wednesday, 16 November 2005

Department of Environment, Heritage and Local Government

Housing Management Companies

9:00 pm

Photo of Pat CareyPat Carey (Dublin North West, Fianna Fail)
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Question 428: To ask the Minister for the Environment, Heritage and Local Government the regulations which exist, or are contemplated, which could control increases in maintenance fees charged by the management companies of private residential estates where it would appear that the levels of increase are determined quite arbitrarily in each case; and if he will make a statement on the matter. [34832/05]

Photo of Noel AhernNoel Ahern (Dublin North West, Fianna Fail)
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I refer to the reply to Question No. 659 of 15 November 2005. As indicated in that reply, arrangements for managing and maintaining the communal elements of private apartment complexes are generally addressed by management companies. These are constituted under the Companies Acts and are required to comply with the provisions of company law, which is the responsibility of the Minister for Enterprise, Trade and Employment. Normal practice is that when the sale of all units in an apartment complex is complete, management responsibility is transferred from the developer to a management company controlled by the owners of the individual apartment units; these owners will have an interest in ensuring both the quality and the cost efficiency of management services being provided for their properties.

A Law Reform Commission working group is currently examining a range of legal issues relating to management of multi-unit structures. The Government will consider any recommendations the final report makes including the necessity for new legislation in this area.

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