Réada Cronin (Kildare North, Sinn Fein)
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535.To ask the Tánaiste and Minister for Justice and Equality if a situation (details supplied) will be examined. [24843/24]

Helen McEntee (Meath East, Fine Gael)
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The Multi-Unit Developments Act 2011 (‘MUDs Act’) facilitates the fair, efficient and effective management of owners' management companies (‘OMCs’). Well-functioning OMCs are key to maintaining and sustaining higher-density residential developments, such as apartments. It is important to first note that it is the owners of the apartments or residential units in a development who are the members of the OMC, and not the tenant of a unit. One vote of equal value is assigned to the owner of each unit.

The MUDs Act sets out a number of obligations on OMCs, including in relation to the management of annual service charges by OMCs and expenditure incurred of a non-recurring nature by OMCs (i.e. ‘sinking fund’ expenditure). The owner of each unit in a multi-unit development is obliged to pay all service charges so levied. However any such charge must by calculated on a transparent and fair basis, and must first be approved by a general meeting of the members of the OMC.

In addition, the Act provides that OMCs may also develop house rules for the effective operation and maintenance of the multi-unit development. These rules must be consistent with covenants under the title documentation for the development and made with the objective of advancing the quiet and peaceable occupation of the property by unit owners and ensuring that the rights and obligations of unit owners and occupiers are balanced in a fair and equitable manner. In that regard, the Rules could concern matters such as the management of parking spaces and clamping arrangements. These rules must first be agreed by a meeting of members of the OMC.

A copy of the adopted house rules must be provided to each OMC member and to each unit within the development. House rules are binding on all unit owners, their tenants, and servants, agents and licensees of both landlords and tenants. The Act specifies that it should be a term of every letting of a unit that the letting is subject to the observance by all those occupying the property of the house rules.

In relation to property management agents/companies, they are licensed and regulated by the Property Services Regulatory Authority (PSRA). The property management agent however acts on the instruction of the OMC who should be contacted directly in the first instance in relation to any issues a unit owner may have in relation to the management of their multi-unit development. Information in relation to the role and functions of the PSRA is available on its website: www.psr.ie/.

Finally, the protection of the rights of tenants are a matter for the Residential Tenancies Acts and the Residential Tenancies Board.