Written answers

Tuesday, 24 September 2013

Department of Justice and Equality

Property Management Company Issues

Photo of Terence FlanaganTerence Flanagan (Dublin North East, Independent)
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419. To ask the Minister for Justice and Equality his plans to introduce regulations in relation to property management companies (details supplied); and if he will make a statement on the matter. [39662/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The position is that the primary purpose of the Multi-Unit Developments Act 2011 is to reform the law relating to the ownership and management of common areas of multi-unit developments and to facilitate the fair, efficient and effective management of owners' management companies (OMCs). OMCs, the membership of which comprise the owners of residential units within the development, are established for the purposes of management of such common areas.

Section 24 of the 2011 Act contains provisions for the resolution of disputes relating to multi-unit developments. It provides that a person, including any member of an OMC, may apply to the Circuit Court for an order to enforce any rights conferred or obligations imposed by the Act. The Court, if satisfied that a right has been infringed or an obligation has not been discharged, may make such remedial order as it deems appropriate in the circumstances with a view to ensuring the effective enforcement of the right or the effective discharge of the obligation in respect of the multi-unit development concerned.

Moreover, under the provisions of the Property Services (Regulation) Act 2011, complaints concerning the provision of services to OMCs by property management agents may be submitted to the Property Services Regulatory Authority. The statutory functions of the Authority include the investigation of such complaints and the imposition of sanctions where appropriate.

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