Written answers
Tuesday, 16 May 2017
Department of Justice and Equality
Housing Management Companies
Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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108. To ask the Tánaiste and Minister for Justice and Equality the advice she would give to a person who is unsatisfied with works carried out by the management company to the roof of the apartment block in which they reside resulting in damage to the property; the steps they can take to seek redress; and if she will make a statement on the matter. [22840/17]
Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The Deputy will appreciate that I am not in a position to provide legal advice in respect of such matters. The general position is that section 24 of the Multi-Unit Developments Act 2011 contains provisions for the resolution of disputes involving multi-unit developments. It provides that a person, including any member of the Owners Management Company, may apply to the Circuit Court for an order to enforce any right conferred or obligation 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. I should add that the Act also contains provisions which encourage the resolution of disputes that may arise between parties by means of mediation rather than recourse to court proceedings.
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