Written answers

Tuesday, 15 October 2013

Department of Justice and Equality

Owners Management Companies

Photo of Joe McHughJoe McHugh (Donegal North East, Fine Gael)
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257. To ask the Minister for Justice and Equality if he will review a case (details supplied) that relates to the management of a housing estate in County Donegal; if he will identify a pathway forward for the residents; and if he will make a statement on the matter. [43014/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The Deputy will appreciate that I am not in a position to comment on individual cases. In general, I can say 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). These are the companies which are established for the management of such areas, the membership and directors of which comprise the owners of residential units within the development. Such companies are generally subject to the provisions of the Companies Acts and their articles of association.

Section 30 of the 2011 Act addresses the problems which arise when an OMC is struck off the Companies Register for non-compliance with statutory reporting requirements. Under company law, a company that has been struck off has a period of one year within which to provide the Registrar with the relevant information and accounts. Thereafter application for restoration must be made in the High Court. However, section 30 provides that the period of one year is extended to 6 years in the case of OMCs. When restored to the Register, it shall be deemed to have continued in existence as if it had never been struck off. Each application for restoration must be accompanied by a certificate from a solicitor or accountant to the effect that the OMC is operating in that capacity.

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