Housing (Miscellaneous Provisions) Act 2009

54

Tenant plebiscite.

54.— (1) Where a housing authority adopts a section 53 proposal, it shall hold a tenant plebiscite in respect of the apartment complex concerned within the period specified in the proposal and in accordance with this section and any regulations made thereunder for the purpose of ascertaining the level of—

(a) support for the designation of the apartment complex, and

(b) willingness of tenants who purchase apartments in the apartment complex under this Part to serve as directors of the management company.

(2) (a) Subject to paragraph (b), each apartment in the apartment complex concerned shall be afforded one vote in the plebiscite.

(b) Where an apartment has been sold by the housing authority under section 90 of the Principal Act, whether before or after the coming into operation of this Part, the apartment shall not be included for the purposes of a tenant plebiscite under this section.

(3) A vote under subsection (2) may only be exercised—

(a) by the tenant of the apartment at the time of the plebiscite, and

(b) by completing and returning a ballot paper in the form and manner prescribed under subsection (6).

(4) In the case of an apartment where there are 2 or more tenants—

(a) they shall be considered as one tenant for the purposes of subsection (3) (a),

(b) they are not entitled to vote in the plebiscite unless a majority of them concurs, and

(c) unless the vote is signed by a majority of them, it shall be disregarded for the purposes of the plebiscite.

(5) Not later than 2 months after the adoption of the proposal to designate the apartment complex, the housing authority shall send to the tenants concerned, by ordinary post or any other means that may be prescribed under subsection (6), all ballot papers for completion under subsection (3) together with a copy of the section 53 proposal and any other explanatory material it considers relevant.

(6) The Minister may make regulations—

(a) relating to and governing the conduct of a tenant plebiscite,

(b) prescribing the form of a ballot paper under this section and the manner in which it is to be completed and returned, and

(c) prescribing means other than post for the delivery and return of ballot papers under this section.

Annotations

Editorial Notes:

E78

Power pursuant to subs. (6) exercised (1.01.2012) by Housing (Tenant Purchase of Apartments) Regulations 2011 (S.I. No. 679 of 2011), in effect as per reg. 2.