Written answers

Thursday, 7 December 2006

Department of Environment, Heritage and Local Government

Property Management Companies

7:00 pm

Photo of Arthur MorganArthur Morgan (Louth, Sinn Fein)
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Question 182: To ask the Minister for the Environment, Heritage and Local Government his Department's policy on the practice of establishing property management companies in traditional housing estates; the measures he will take to ensure that local authorities end the practice of writing such conditions into planning agreements; and if he will make a statement on the matter. [42143/06]

Photo of Arthur MorganArthur Morgan (Louth, Sinn Fein)
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Question 183: To ask the Minister for the Environment, Heritage and Local Government if he will bring forward proposals that prevent developers and local authorities establishing property management companies in residential developments which are primarily made up of traditional housing units by the inclusion of duplex and apartments; and if he will make a statement on the matter. [42144/06]

Photo of Dick RocheDick Roche (Wicklow, Fianna Fail)
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I propose to take Questions Nos. 182 and 183 together.

My Department has already informed planning authorities that they should not attach planning conditions relating to management companies in the case of traditional housing estates, unless in very specific exceptional circumstances, e.g. holiday home developments, or to maintain a specific private shared facility. My Department has set up a Working Group on Management Companies/Taking in Charge of Estates which is considering the question of responsibility for the maintenance of common shared facilities (roads, sewerage, footpaths, public lighting, large open spaces, smaller landscaped open spaces, car-parking, etc) in residential estates, including the newer type of mixed high-density estate. It is intended to issue guidance to planning authorities based on the outcome of the Group's work, by early 2007.

Photo of Arthur MorganArthur Morgan (Louth, Sinn Fein)
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Question 184: To ask the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the situation in an area (details supplied) in Dublin 15, where residents have been charged by their property management company for public lighting costs, for maintenance of common areas, despite these being paid by the local authority and not being in the ownership of the property management company and for public liability insurance for common areas that are not owned by the property management company. [42145/06]

Photo of Arthur MorganArthur Morgan (Louth, Sinn Fein)
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Question 185: To ask the Minister for the Environment, Heritage and Local Government his views on whether a property management company that engages in the practice of charging residents for amenities that are already being paid for by a local authority are guilty of fraudulent activity and that contracts signed by residents should be set aside; the way residents may be reimbursed for the payment of such services; and if he will make a statement on the matter. [42146/06]

Photo of Noel AhernNoel Ahern (Dublin North West, Fianna Fail)
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I propose to take Questions Nos. 184 and 185 together.

Property management companies are generally constituted under the Companies Acts and are required to comply with the provisions of company law. Obligations on property owners in relation to management companies, for example in relation to membership of and payment of charges to management companies, arise from private contracts entered into by them through the conveyancing process in the purchase of the property. My Department has no function in relation to the operation of property management companies or dealings between particular management companies and residents. Accordingly information on these particular issues would not be available to my Department.

I understand that Fingal County Council is maintaining public lighting in the area in question and arranging for the taking in charge of other appropriate public facilities and that it is also engaging with residents in relation to the taking in charge process. The legality of any matter or the validity of any contract would ultimately be subject to determination by the Courts and it would not be appropriate for me to express any view on such matters.

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