Multi-Unit Developments Act 2011

24.

Dispute resolution and rehabilitation of multi-unit developments.

24.— (1) A person specified in section 25 may make, in respect of a multi-unit development, an application to the court—

( a) for an order under this section to enforce any rights conferred, or obligation imposed, by this Act or any rule of law, or

( b) for an order relating to any matter to which reference to making an application under this section is made in this Act.

(2) An application under this section shall state the circumstances giving rise to the application and the order or orders that the applicant invites the court to make and whether or not mediation or other dispute resolution process has been attempted.

(3) In a case to which subsection (1)(a) applies, where the court is satisfied that a right has been infringed or an obligation has not been discharged, it shall make such remedial order as it deems appropriate in the circumstances with a view to ensuring the effective enforcement of a right or the effective discharge of an obligation relating to the multi-unit development.

(4) In a case to which subsection (1)(a) does not apply but subsection (1)(b) applies, the court may make such order as it considers just and equitable with a view to ensuring the effective operation of the owners’ management company concerned and the quiet and peaceful occupation of the common areas of the multi-unit development concerned by the owners and occupiers of the residential units in that development.

(5) Notwithstanding the generality of subsection (3), an order under that subsection may include an order:

( a) that the legal documentation relating to the owners’ management company be amended;

( b) in the case of a multi-unit development consisting of more than one structure, to provide that, where an issue relating to one structure only in the multi-unit development arises, only the unit owners in that structure shall have the right to be consulted and vote on the issue;

( c) in the case of a multi-unit development with more than one owners’ management company, that a single owners’ management company be formed to replace the existing owners’ management companies;

( d) directing the establishment of an additional owners’ management company in respect of a multi-unit development where—

(i) there are separate blocks or buildings in the development,

(ii) there are units of a different character in the development, or

(iii) there are units which are used for different purposes within the development;

( e) apportioning the funds of an owners’ management company as between its sinking fund and its service charges;

( f) determining the extent to which a part of the common areas of a multi-unit development forms part of the relevant parts of the common areas of the development;

( g) amending the covenants contained in an agreement (including a lease) between the developer, owners’ management company and the unit owners;

( h) approving a proposal to enable an owners’ management company—

(i) deal with a debt, whether caused by an inadequacy in, or the absence of, a sinking fund, and

(ii) any issues arising therefrom in relation to the future management of the owners’ management company;

( i) transferring control of an owners’ management company from a developer to the unit owners, where the court is satisfied the developer has unreasonably refused to effect such transfer, or the unit owners have unreasonably refused to accept such transfer;

( j) determining whether the management structure of an owners’ management company in a mixed use multi-unit development complies with the provisions of this Act, and if not the order may direct that such steps as the court considers necessary to ensure that the arrangements concerned do so comply, be taken;

( k) determining whether a proposal to materially alter the physical character of a multi-unit development would disproportionately or inequitably affect any class of unit owners;

( l) directing the developer of a multi-unit development to complete the multi-unit development in accordance with—

(i) the terms of any contract,

(ii) the conditions of a relevant planning permission under the Planning and Development Acts 2000 to 2009, or

(iii) the Building Control Acts 1990 and 2007;

( m) directing a unit owner or a minority of unit owners to co-operate with decisions made by a majority of the unit owners in the development.

(6) Before making an order pursuant to this section the court shall be satisfied that all parties likely to be affected by the making of the order have received notice of the making of the application (unless the court has dispensed with the giving of such notice or deemed service of the notice good) and the court shall be satisfied that in all the circumstances, it is just to do so.

(7) ( a) The court may make such ancillary orders as it considers necessary in order to give effect to any order or orders made by it under subsection (3), including an order directing—

(i) the registration in the appropriate manner of any deed required to be executed in compliance with the order, and

(ii) compliance with subsection (8) .

( b) Where—

(i) a person is directed by an order under subsection (3) or this subsection to execute a deed or other instrument in relation to land, and

(ii) such person refuses or neglects to comply with the direction, or

(iii) for any other reason, the court considers it necessary to do so,

the court may order another person to execute the deed or instrument in the name of the first-mentioned person and a deed or other instrument executed by a person in the name of another person pursuant to such an order shall be as valid as if it had been executed by that other person.

(8) When any deed required to be executed by reason of an order under this section and such order has been registered in the appropriate manner, each unit owner in the relevant part of the multi-unit development shall without charge to such unit owner be furnished with a duly certified copy of such deed by the owners’ management company concerned.

(9) Notwithstanding subsection (1), and subject to subsections (2) and (6) , where the court is satisfied that the structure of the voting rights of members in an owners’ management company is not established on a fair and equitable basis, the court may, where it is satisfied that it is necessary in the interests of justice to do so, make an order altering the voting rights of members in the owners’ management company concerned.