Report on Multi-Unit Developments - Law Reform Commission

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State Property Act 1954 No. 25 of 1954 Irl Strata Schemes Management Act 1996 NSW Aus Taxes Consolidation Act 1997 No. 39 of 1997 Irl Trustee Act 1893 56 & 57 Vict, c.52 Irl Unit Titles Act 2001 ACT Aus Value-Added Tax Act 1972 No. 22 of 1972 Irl xvi
TABLE OF CASES AWA Ltd. v. Daniels (1992) ASCR 759 Aus Bushell v. Faith [1969] 1 All ER 1002, [1970] AC 1099 Eng In re Heidelstone [2006] IEHC 408 Irl Re City Equitable Fire Insurance Ltd Secretary of State for the Environment v. Possfund (North West) Ltd [1925] Ch 407 Eng [1997] 2 EGLR 56 Eng xvii
Page 1: MULTI-UNIT DEVELOPMENTS (LRC 90 - 2
Page 4 and 5: LAW REFORM COMMISSION‘S ROLE The
Page 6 and 7: LAW REFORM RESEARCH STAFF Director
Page 8 and 9: CONTACT DETAILS Further information
Page 10 and 11: National Association of Building Co
Page 12 and 13: TABLE OF CONTENTS INTRODUCTION 1 CH
Page 14 and 15: D (9) Reports, Acc
Page 17: TABLE OF LEGISLATION Building Contr
Page 22 and 23: B This Report and
Page 24 and 25: this makes it difficult to sell the
Page 26 and 27: Draft Sustainable Residential Devel
Page 28 and 29: freehold basis. 22 In 2005, as part
Page 30 and 31: managing agent and the owners‘ ma
Page 32 and 33: currently a wealth of expertise ava
Page 34 and 35: 39. The Commission is conscious tha
Page 37 and 38: CHAPTER 1 SUSTAINABILITY OF MULTI-U
Page 39 and 40: 1.03 This Chapter aims to consider
Page 41 and 42: comment, the Commission noted that
Page 43 and 44: has published guidelines for new ho
Page 45 and 46: Environment, Heritage and Local Gov
Page 47 and 48: 1.22 In the Consultation Paper, the
Page 49 and 50: charge. 43 The wording of that prov
Page 51 and 52: has concluded that the scope of s.1
Page 53 and 54: developments should be subject to p
Page 55 and 56: Charge Protocol agreed between Kilk
Page 57 and 58: subject, the authority may form the
Page 59 and 60: District Court, the maximum penalti
Page 61 and 62: 2 CHAPTER 2 THE ROLE OF DEVELOPERS
Page 63 and 64: appropriate responsibilities and en
Page 65 and 66: 2.11 The Commission supports the re
Page 67 and 68: the proposal for a Designated Activ
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which would lead to clarification a
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development and reflect good practi
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planning authority where they are n
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equired to furnish a completion cer
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3 CHAPTER 3 THE OWNERS’ MANAGEMEN
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3.05 As noted in the Consultation P
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Companies Consolidation and Reform
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3.14 The Commission recommends that
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ecommendations constitute minimum l
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epresents the overwhelming majority
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system for economic activities 43 w
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law, limited liability companies mu
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obligations imposed on the company.
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3.51 The Commission also recommends
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entitlement to vote at owners‘ ma
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3.74 Sanctions imposed under compan
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Companies before the common areas h
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that the person should take reasona
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3.92 The Commission acknowledges th
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mindful that the core obligations s
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service charges, (d) maintain the f
Page 113 and 114:
4 CHAPTER 4 TITLE AND CONVEYANCING
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to unit owners and any other person
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etween unit owners in these develop
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names of the additional joint owner
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owners‘ management company, thus
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equire to have compulsorily registe
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(2) Owners’ management company jo
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development in a timely manner. The
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A contract for the sale of a unit i
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4.52 Under the existing arrangement
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purchaser on the transfer or convey
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espected. 62 The parties to the pur
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At development stage: - a responsib
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developers, legal practitioners and
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- an obligation to keep the managem
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managing agent has de facto control
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5.10 The Report al
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valid tax clearance certificate. 15
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may supplement the hugely important
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of the time and effort involved in
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B (1) Overview Building Investment
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every development for the purposes
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some owners‘ management companies
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pursue on spending the funds of the
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uilding investment fund to any pote
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mandatory for gated developments to
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older multi-unit developments which
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6.52 The Commission acknowledges th
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surprising, as such standards are c
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edrooms in a given apartment. The r
Page 176 and 177:
change their managing agent if they
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7 CHAPTER 7 REMEDIAL MEASURES AND R
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C Remedial measures for non-payment
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diverted to the owners‘ managemen
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very difficult to enforce in practi
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through them. The NPSRA will also b
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is an immediate problem with the ro
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7.39 The Commission envisages there
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8 CHAPTER 8 SUMMARY OF RECOMMENDATI
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Page 197 and 198:
Page 199 and 200:
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- an obligation to discharge all re
Page 203:
Page 206 and 207:
Even though legal title is transfer
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‗Completion of development‟ inc
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The remainder of this Appendix cont
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APPENDIX B DRAFT MULTI-UNIT DEVELOP
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DRAFT MULTI-UNIT DEVELOPMENTS BILL
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Duties and entitlements of develope
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(a) the name of the company in acco
Page 221 and 222:
(a) that each unit owner shall abid
Page 223 and 224:
(e) develop covenants and agreement
Page 225 and 226:
purposes of a multi-unit developmen
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Report on Multi-Unit Developments - Law Reform Commission

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