Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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1593. To ask the Tánaiste and Minister for Justice and Equality when the amending legislation will be introduced to reform the Multi-Unit Developments Act 2011; and if it will include a regulator for OMCs and deal with governance of OMCs, dispute resolution, service charges and the need for sinking funds for apartment blocks. [19960/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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The Multi-Unit Developments Act 2011 (MUDs Act) was enacted with the primary objective 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).

Under Section 18 of the Act, the OMC must establish and maintain a scheme for annual service charges to fund ‘ongoing expenditure reasonably incurred’ on the maintenance, insurance and repair of common areas within its control and for the provision of common services (security, legal, accounting etc.) to unit owners.

The Act also acknowledges the risk of disputes arising in the enforcement of rights and the performance of obligations imposed by its provisions on OMCs. Section 24 of the Act makes provision for the resolution of such disputes.

While there are no plans, at present, to introduce a specific oversight and enforcement mechanism for OMCs, it should be noted that they are subject to company law provisions, including their own memorandum of association, and are subject to oversight by the Companies Registration Office and the Corporate Enforcement Authority. The Competition and Consumer Protection Commission also plays a role in providing information and advice to intending purchasers of residential units in multi-unit developments.

Under the Programme for Government, Securing Ireland’s Future, responsibility for the regulation of owner management companies (OMCs) and the Multi-Unit Development Act (MUDs) is to be transferred from my Department, to the Department of Housing, Local Government and Heritage. I am advised that the transfer of functions will be completed within the coming weeks.