Written answers

Wednesday, 15 June 2011

Department of Justice, Equality and Defence

Proposed Legislation

10:00 pm

Photo of Eoghan MurphyEoghan Murphy (Dublin South East, Fine Gael)
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Question 458: To ask the Minister for Justice and Equality if he will consider the introduction of legislation to compel management companies of private multi-housing developments to include the views of all tenants both renting and buying when drafting or amending rules governing the development; and if he will make a statement on the matter. [15848/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The position is that section 23 of the Multi-Unit Developments Act 2011 provides that an owners' management company may, as respects the multi-unit development for which that company has responsibility, make house rules relating to the effective operation and maintenance of the development. These rules must be consistent with any covenants or conditions contained in the title documents and be made in a manner consistent with the objective of advancing the quiet and peaceful occupation of residential units in the development and the fair and equitable balancing of the rights and obligations of the occupiers and unit owners.

Except where house rules are made prior to the sale of the first residential unit in new developments, such rules shall not be made unless they have been considered and approved by a meeting of unit owners. Notice of any such meeting must be given to each unit owner not less than 21 days in advance and the notice must be accompanied by a draft of the proposed rules. If the rules are approved, the owners' management company must provide a copy to each unit owner. The same procedure applies to any changes in rules. Section 23 also provides that it shall be a term of every letting of a residential unit in a multi-unit development that the letting is subject to observance of the house rules by all those occupying the property.

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