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Multi Unit Developments
The Multi-Unit Developments Act 2011 was signed into law by the President on 24 January 2011. Sections 14 and 32 of the Act are in effect from this date. Otherwise, relevant Commencement Orders are required from the Minister for Justice and Law Reform. Section 14 provides for the structure of 'owners management companies' under the Act. Section 32 restricts such companies from entering into certain types of contract.
The Act provides a statutory framework for multi-unit developments and for the governance of the property management companies which own and manage the common and external areas in these developments. “Multi-unit development” means land having a building or buildings with not less than 5 residential units and where it is intended that amenities, facilities and services are to be shared. “Residential Unit” means a unit designed for use and occupation as a house, apartment, flat or other dwelling, and with self-contained facilities. It also includes a unit designed and used as a childcare facility where the facility is not intended to primarily share amenities, services and facilities with commercial units in the development.
Substantial drafting and other amendments were made to the legislation during its final stages in Dail Eireann.
The Act includes provisions relating to:
- the obligation of multi-unit developers to establish an owners management company;
- annual service charges;
- establishment of sinking funds;
- the making of house rules to ensure quiet and peaceful occupation;
- resolution of disputes;
- restoration of struck-off property management companies to the Companies Register.