Multi-Unit Developments Act 2011

15.

Structure of certain owners’ management companies (existing developments).

15.— (1) This section applies to owners’ management companies of multi-unit developments to which section 14 does not apply and which are not mixed use multi-unit developments.

(2) Subject to subsections (3) and (4), the voting rights of members in the owners’ management company which relates to a multi-unit development to which this section applies shall be structured in such a manner that in the determination of any matter by the members of the company, one vote shall attach to each residential unit in the multi-unit development to which the owners’ management company relates, and that no other person has voting rights in respect of such determination.

(3) Where the voting rights of members of an owners’ management company to which this section applies are allocated on a basis other than that specified in subsection (2) a person who, but for this section, would be entitled to exercise such voting rights, shall not exercise such rights unless that person has applied for and has been granted an authorisation to exercise those rights by the Circuit Court which application shall be made under section 24 .

(4) The Court shall not make an order authorising the exercise of voting rights referred to in subsection (3) unless it is satisfied—

( a) that the person concerned has an essential economic interest in the development concerned or a part of the development concerned (other than as the owner of a residential unit in the development) and that in order to adequately protect such interest it is necessary to authorise that person to exercise such voting rights, or

( b) that, for any other reason, it is necessary in the interests of fairness and justice to authorise that person to exercise such voting rights.