Written answers

Thursday, 23 February 2017

Department of Justice and Equality

Legislative Measures

Photo of Eoin Ó BroinEoin Ó Broin (Dublin Mid West, Sinn Fein)
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75. To ask the Minister for Justice and Equality the mechanism that exists for occupants of multiple unit developments who have difficulties with their management company or managing agent to make formal complaints to an independent body; and if no such independent complaints body exists, if consideration will be given to amending the Multi-Unit Developments Act 2011 to provide for such a body. [9345/17]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The position is that the Multi-Unit Developments Act 2011 was enacted with the primary purposes of reforming the law relating to the ownership and management of common areas of multi-unit developments and facilitating the fair, efficient and effective management of owners' management companies (OMCs). These are companies registered under the Companies Act, the members of which are the owners of residential units within the development, which are established for the purposes of ownership and management of such common areas.

Section 24 of the 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 Circuit 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.

Statutory provisions concerning the regulation of property management services, including those provided to OMCs, are set out in 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 established under that Act. The Authority's functions include the investigation of such complaints and the imposition of sanctions where appropriate.

While I have no plans to amend the Multi-Unit Developments Act 2011 at present, the operation of the Act is being kept under review in my Department.

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