Tommy Broughan (Dublin North East, Labour)
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Question 129: To ask the Minister for Justice and Equality his plans to amend the Multi-unit Development Act 2011 in view of the fact that it excludes mixed-use multi-unit developments from the one-unit-one vote measure; and if he will make a statement on the matter. [8694/11]

Alan Shatter (Dublin South, Fine Gael)
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The position regarding voting rights in the case of a mixed-use multi-unit development is that section 2(4)(b) of the Multi-Unit Developments Act 2011 provides that the requirements relating to voting rights in section 14(1) and (2) shall be regarded as being complied with where such rights are apportioned in a manner which is fair and equitable. This is intended to ensure that the interests of the owners of different classes of units within such a mixed-use development are adequately safeguarded. Section 2(5) provides that except where otherwise provided, the Act applies to every multi-unit development.

Section 24 of the Act establishes a mechanism for the resolution of disputes arising in relation to multi-unit developments, including mixed-use developments. Any person referred to in section 25(1) may apply to the Circuit Court under section 24 for an order to enforce any rights conferred or obligation imposed under the Act. Section 24(9) provides that where the Circuit Court is satisfied that the structure of the voting rights in an owners' management company is not established on a fair and equitable basis, it may, where it is satisfied that it is necessary in the interests of justice to do so, make an order altering the voting rights of members in the owners' management company concerned.