Report on Multi-Unit Developments - Law Reform Commission

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CONTACT DETAILS Further information can be obtained from: Head of Administration and Development Law Reform Commission 35-39 Shelbourne Road Ballsbridge Dublin 4 Telephone: +353 1 637 7600 Fax: +353 1 637 7601 Email: info@lawreform.ie Website: www.lawreform.ie vi
ACKNOWLEDGEMENTS The Commission would like to thank the following people and organisations who provided valuable assistance: John Atkinson Sheena M Beale, Lennon Heather Solicitors Vivienne Bradley, McCann FitzGerald Solicitors Eoghan Breathnach Tony Collins Elizabeth Connolly Noel Feddis John Finnegan Deirdre Fox Peter Gaughan Rory Gleeson, Manager, Business Banking, Allied Irish Bank Robert Gogan Máire Nic Ghránna Daire Hogan, McCann FitzGerald Solicitors Vincent Keenan, Marjorie Murphy, Murphy McElligott Solicitors Dr. Paul Murray John Nealon Joseph O’Broin Val O’Malley Mary O’Sullivan Dick Roche TD, Former Minister for Environment, Heritage and Local Government Jerry Sheehan, Sheehan and Company Solicitors PF Smith, University of Reading School of Law Mary Sweeney Catherine Tormey Niall Wrafter Buyers Brokers Ltd Cork City Council Donegal County Council Eircom Galway City Council High-level Interdepartmental Committee on Multi-Unit Developments Irish Property Owners’ Association Kent Carty Solicitors vii
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 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 and 18: TABLE OF LEGISLATION Building Contr
Page 19: TABLE OF CASES AWA Ltd. v. Daniels
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
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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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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
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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
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(a) that each unit owner shall abid
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(e) develop covenants and agreement
Page 225 and 226:
purposes of a multi-unit developmen
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