Multi-Unit Developments Act 2011

2.

Application of Act.

2.— (1) Notwithstanding the definition of multi-unit development in section 1 , the provisions of this Act specified in Schedule 1 shall apply to a multi-unit development comprising 2 or more residential units but less than 5 residential units.

(2) Where—

( a) all the units in a multi-unit development are residential units, and

( b) the structure, or that part of the structure, in which the residential units are situate, does not form part, and was never intended to form part, of the common areas of the development,

the provisions of Schedule 2 shall apply as respects the common areas of the development.

(3) Subject to subsection (4) , in the case of a mixed use multi-unit development, this Act applies to—

( a) residential units in the development, and

( b) commercial units in the development, to the extent that amenities, facilities and services are shared by such commercial units and residential units.

(4) In the case of a mixed use multi-unit development the obligations imposed on an owners’ management company by this Act shall as respects such a company in which membership is held otherwise than by reason of ownership of a residential unit, be regarded as being complied with where—

( a) as between different classes of units in such a development sections 18 to 21 are complied with and a fair and equitable apportionment of the costs and expenses attributable to the different classes of units is applied, and

( b) in place of the requirements set out in section 14(1) and (2), the voting rights of the members in such an owners’ management company are apportioned in a manner which is fair and equitable.

(5) Except where otherwise provided, this Act applies to every multi-unit development.

(6) In this section—

( a) a reference to fair and equitable apportionment of the costs and expenses of the mixed use multi-unit development shall mean that account is taken of all relevant matters including the respective level of use of any common areas by the owners of different classes of units and their servants, agents and invitees; and

( b) a reference to costs and expenses shall be taken to be a reference to the matters referred to in sections 18(3) and 19(1) .