Report on Multi-Unit Developments - Law Reform Commission

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APPENDIX B DRAFT MULTI-UNIT DEVELOPMENTS BILL 2008 DRAFT MULTI-UNIT DEVELOPMENTS BILL 2008 ARRANGEMENT OF SECTIONS Section 1. Short title and commencement 2. Definitions 3. Duties and entitlements of developer concerning a multi-unit development 4. Owners‘ management company in a multi-unit development 5. Conveyancing and covenants in multi-unit developments 6. Property managing agent and multi-unit developments 7. Annual service charges and building investment fund 8. Requirements applicable to existing and small multi-unit developments 9. Dispute resolution and rehabilitation of multi-unit developments 10. Conveyances and effect of non-compliance with this Act 193
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MULTI-UNIT DEVELOPMENTS (LRC 90 - 2
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LAW REFORM COMMISSION‘S ROLE The
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LAW REFORM RESEARCH STAFF Director
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CONTACT DETAILS Further information
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National Association of Building Co
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TABLE OF CONTENTS INTRODUCTION 1 CH
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D (9) Reports, Acc
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TABLE OF LEGISLATION Building Contr
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TABLE OF CASES AWA Ltd. v. Daniels
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B This Report and
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this makes it difficult to sell the
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Draft Sustainable Residential Devel
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freehold basis. 22 In 2005, as part
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managing agent and the owners‘ ma
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currently a wealth of expertise ava
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39. The Commission is conscious tha
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CHAPTER 1 SUSTAINABILITY OF MULTI-U
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1.03 This Chapter aims to consider
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comment, the Commission noted that
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has published guidelines for new ho
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Environment, Heritage and Local Gov
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1.22 In the Consultation Paper, the
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charge. 43 The wording of that prov
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has concluded that the scope of s.1
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developments should be subject to p
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Charge Protocol agreed between Kilk
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subject, the authority may form the
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District Court, the maximum penalti
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2 CHAPTER 2 THE ROLE OF DEVELOPERS
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appropriate responsibilities and en
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2.11 The Commission supports the re
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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
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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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Page 170 and 171: 6.52 The Commission acknowledges th
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Page 174 and 175: edrooms in a given apartment. The r
Page 176 and 177: change their managing agent if they
Page 179 and 180: 7 CHAPTER 7 REMEDIAL MEASURES AND R
Page 181 and 182: C Remedial measures for non-payment
Page 183 and 184: diverted to the owners‘ managemen
Page 185 and 186: very difficult to enforce in practi
Page 187 and 188: through them. The NPSRA will also b
Page 189 and 190: is an immediate problem with the ro
Page 191 and 192: 7.39 The Commission envisages there
Page 193 and 194: 8 CHAPTER 8 SUMMARY OF RECOMMENDATI
Page 195 and 196: 8.14 The Commission recommends that
Page 201 and 202: - an obligation to discharge all re
Page 203: 8.65 The Commission recommends that
Page 206 and 207: Even though legal title is transfer
Page 208 and 209: ‗Completion of development‟ inc
Page 210 and 211: The remainder of this Appendix cont
Page 214 and 215: ACTS REFERRED TO Building Control A
Page 216 and 217: ―building investment fund‖ mean
Page 218 and 219: 4 units or less, or as precluding t
Page 220 and 221: (d) a statement of any planned expe
Page 222 and 223: Annual service charges and building
Page 224 and 225: (e) that each unit owner shall info
Page 226: (c) the desirability of compliance
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Report on Multi-Unit Developments - Law Reform Commission

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