Written answers

Tuesday, 4 July 2006

Department of Enterprise, Trade and Employment

Property Management Companies

12:00 pm

Photo of Billy TimminsBilly Timmins (Wicklow, Fine Gael)
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Question 382: To ask the Minister for Enterprise, Trade and Employment the situation with respect to home owners who signed up to a management company and where the builders who were originally members of that management company, have resigned; the recourse which is available to them; and if he will make a statement on the matter. [26133/06]

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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The basic principle in company law is that the shareholders or members control the company. If the builders resign their membership the remaining shareholders control the company and may take decisions accordingly. If the remaining shareholders in this particular instance believe that the builders have breached company law they should make a complaint to the Office of the Director of Corporate Enforcement. Full contact details for the Office can be found at www.odce.ie. If there are issues other than company law at issue the homeowners/shareholders in question may wish to consult their own legal adviser.

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