Written answers

Thursday, 9 April 2009

Department of Justice, Equality and Law Reform

Proposed Legislation

5:00 pm

Photo of Emmet StaggEmmet Stagg (Kildare North, Labour)
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Question 64: To ask the Minister for Justice, Equality and Law Reform the progress made in preparing legislation to resolve the issue of unregulated management companies operating in apartment and traditional housing estates. [14957/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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Legislation to address the Law Reform Commission's recommendations on multi-unit developments is in the course of being drafted by the Parliamentary Counsel as a matter of priority. The aim is to publish the Bill in the next Session.

The principal focus of the new Bill will be on ensuring good governance of property management companies and similar bodies which comprise the owners of units within multi-unit developments and which exercise management functions in relation to such developments. It is also intended to include provisions for the resolution of disputes arising in relation to such matters. The policy aspects extend to my Department, the Department of Enterprise, Trade and Employment and the Department of the Environment, Heritage and Local Government.

As regards the operation of management companies in traditional housing estates, this is primarily a matter for the Minister for the Environment, Heritage and Local Government and his Department. I am aware that Department issued a guidance document to all City and County Managers in February 2008 stating that the formation of management companies must not be a requirement in planning conditions for traditional housing estates except in the most exceptional circumstances, and outlining the Department's policy regarding the taking-in-charge of such estates.

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