There has been a lot of talk about MUD, LRC, DoJ and the other members of the alphabet soup but the one question every apartment owner is asking is “What does it mean for me?”
The MUD legislation is proposed law which greatly improves the rights of apartment owners, both present and future. It stops developers abusing their power and clearly lays out their rights and responsibilities. It improves the relationship between owners and their management company by controlling what can be charged for, how the service charge is calculated and forces the management company to hold a meeting where owners can vote on the budget each year.
What does it mean for developers?
The first and major part is that developers of new estates have to hand ownership of the land over before they can sell any apartments. You may see a line in your lease saying that they will “vest no later than 30 days after the sale of the last unit”. This legal technicality means that after all the apartments are sold, the developer will transfer ownership of the land and stairwells (called the common areas) to the company. Too many developers have held onto one apartment to avoid this but they can’t avoid it any longer. Existing developments (completed or in progress) must be handed over within six months of the bill becoming law.
The next major part is that developers cannot have majority shares, golden shares or any other sting in the tail used to ensure that they can out-vote everyone else in the estate. For example, in an estate with 50 apartments, the developer may make his share worth 51 votes so he can never be outvoted. This is no longer possible so owners will finally have a proper say in the running of their apartment block. It also stops developers signing long-term contracts so they cannot influence the running of the company (or give jobs to their friends) before they resign. The caveat at the moment is that owners of multiple apartments (or developers who have unsold apartments) have multiple votes.
One of the best parts to this bill is that developers must pay the full service charge for all un-sold units. This means that management companies won’t start off on a bad financial footing like so many did at the moment. The only caveat is that it only covers units which are available for sale so there could be some problems but we’re still looking at that.
Lastly, if a developer stops working and leaves the site abandoned, a vote of 60% of the owners can be used to remove them. If they leave the site in an unsafe condition – the management company can make repairs and bill them for the work.
What does it mean for owners?
To make the running of the management company more transparent, the directors have to produce an annual report. This must show the money coming into and going out of the company, any assets or liabilities, how much is in the sinking fund (rainy day fund), insurance cover and any contracts the company has. This report must be given out 10 days before the AGM. Meetings must be held close to the apartment and must have 21 days notice.
The AGM is also used to vote on the budget. The directors have to calculate the budget in a fair and transparent manner. If the directors want to change the budget, a vote must be called and 75% of the owners at the meeting must not vote against the change. If it cannot be agreed, the old budget stays in effect. If the budget is especially unpopular, the old one remains in effect for 4 months and another vote on a new budget must be held. This means that owners have more involvement in the running of the company and money is not being spent without their consent and understanding.
The bill says that every company must have a sinking fund and owners must contribute to it after the third year of the companies existence. The minimum figure was €200 but it has now been changed so the directors can decide on the amount.
The directors can also suggest changes to the House Rules. These must also be voted on at an AGM and agreed by a majority of the owners present. This gives the house rules more power than they currently have. It also forces landlords to make their tenants sign a copy of the house rules when they move in.
Last but not least is Dispute Resolution and Recovery. The new law moves the jurisdiction for management companies from the High Court (read: expensive) to the District and Circuit courts (read: less expensive). It also introduces out-of-court mediation which is even cheaper again. This is designed to make it easier and more affordable to resolve problems in management companies. It has far-ranging powers that can even be used to alter company documents and your lease agreement if the judge agrees. It means owners have a more affordable manner of tackling misbehaving developers or management companies.
Finally, if a management company breaks company laws (for example, by not sending a copy of the annual accounts to the CRO), it can be struck off. This has devastating consequences for owners and can even block the sale of your apartment. Currently the time-limit for this is 1 year but it has been extended to 6 years, give you more time to sort out the problems. This applies to existing developments as well so it should help thousands of apartment owners.
What’s not covered?
Apartments in mixed management companies (where there are shops, offices and apartments together) are covered by the bill but because of their complexity, they’re not fully covered.
The big sore point at the moment is completion. It’s very hard, under Irish law, to force a developer to properly and fully complete an estate. If they decide to stop working without putting the final road surface down, without doing any soft landscaping or leaving the site like a construction site, there’s not a lot you can do. If you find build problems with your apartment or with the common areas, you just have to hope you have a professional builder who will fix them. The bill talks about a contract between the owners management company and the developer. Ideally the developer would sign a contract agreeing exactly what needs to be done and can be brought to court if they fail to do so. This was introduced at a late stage so it’s unclear exactly how it would work.
What needs fixing?
By now, most of the things on our wish list have made it into the bill. (We’re as surprised as you!) There are still some things left to fix. The completion needs to be fleshed out or a better alternative found. The lack of enforcement for house rules is understandably legally difficulty but still a disappointment and the possibility for the developer or large investors to take control of the company isn’t ideal either.
We’re still talking to everyone who will listen about these issues so they might still go away before it becomes law.
It’s okay though….
On the whole though, it’s a huge step forward for apartment owners. Together with the proposed regulator for managing agents (the NPSRA) and the new DoEHLG guidelines on apartment construction, it should make apartment living less stress and more attractive to everyone.
If you have any questions on this document, email us at info@apartmentowners.ie.
July 1st, 2010 on 11:16 pm
hi i would like to ask if there is anything in the proposed legislation regarding the sinking fund. i am in a mixed development. for the last 5 years all have paid into the fund but it has always been used for legal fees for debtors. is it possible to set it up if all agreed for houses not to pay to this fund and to only have the appartments pay
July 9th, 2010 on 9:22 pm
I do not rate this site nor the fact that you administrators have a good grasp of knowledge, experience or exposure to have any input ,
DCC are the government and they have power , there is corruption going on between management companies and the way they carry on, the are nothing but a legal extortion racket , Directors on boards of management companies have proven to be fiddling and the government known full well , wake up apartment owners and shake yourselves to what is going on
July 9th, 2010 on 9:32 pm
Summer, sorry you feel that way but we don’t have any connection to DCC – we just use their meeting room as a convenience. We give input to the government as apartment owners and we share knowledge between apartment owners, nothing more than that.
It’s well known that some directors are abusing the money they control but the new legislation goes a long way towards helping apartment owners get rid of those people.
Kyla, the new legislation allows directors to choose the sinking fund contribution and ensures that it is apportioned in a fair and equitable way which should help your problem.
July 9th, 2010 on 10:41 pm
GIVING input to the government Mark is no good , they are then just then monitoring peoples angry , They are the very ones who never legislated management companies because their crony developer friends and their friends found a loop hole that was not legislated and thus exploited hundreds of apartments buyers and tied them into uncapped management fees, if this site was any good if would get the press behind it and screw DCC and the government and march on the government about this scandal , you are clearly not experienced in PR and maybe you should get it out there .
July 12th, 2010 on 3:43 pm
Mark,
I just saw my name there mixed in with a message to Summer. Does the legislation suggest a minimum for the sinking fund. also the first part of my question above
is it possible to set it up if all agreed for houses not to pay to this fund and to only have the appartments pay
any ideas on this?
September 1st, 2010 on 8:51 pm
Hi I’m in a mixed developement Houses, Apartments and Duplex. There are 12 Apartment and Duplex in all and 13 houses. Only the Apartments and Duplex are governed by Management Co.,we are not gated, no lifts, no refuse collection (owners must pay for service). There is no landscaping done as the houses don’t pay the charge. It is a rediculous situation. What can we do?
September 21st, 2010 on 8:22 am
Hi All
just found this site, when will this Bill be enacted into law>? Do you we hve a time frame? In my apartment block, the main problem we have is with a visitor of one of the apartment owners has been causing huge problems being drunk and aggressive and waking residents up in the early hours. The owner’s an alcoholic, so is he, but we can’t seem to get rid of him. Gardai have arrested him numerous times but as far as I know in Irish law Barring Orders only relate to domestic disputes, i.e. a partner wanting to get rid of an abusive spouse etc. anyone know anything further about this.? It’s an impossible situation! As a managemetn company we have decided to hold an egm to see if legal proceedings can be taken against the owner for repeated breach of the lease agreement but I doubt it would be succesful. The Courts tend to protect homeowners, even when their are clearly in breach of their lease in terms of antisocial behaviour. thanks
November 5th, 2010 on 12:49 am
Mark
Would it be possible for you to drop by one of our resident committee meetings and give a brief talk. We are based in The Coast and Red Arches in Baldoyle. We would be interested in joining up as we have issues here also.
We could assist in putting more demand on the TDs/department/councillors to push for this legislation to be pushed through. If there is an early election this will be put on the backburner.
December 24th, 2010 on 8:25 pm
The management company in my apartment company haven’t had an AGM for over one and a half years. What can I do if anything to ensure such a meeting is held. Also, can you advise on how best to go about setting up a residents association here.
Thank you for your time.
Best wishes
Paddy
March 20th, 2012 on 1:29 pm
Just read a couple of the comments in relation to Directors of Management companies fiddling money!! I am a director of my management company but I have no access to the money!! Its the management agent who handles all the incomings and outgoings!!
June 6th, 2012 on 10:47 am
Hi There ,
W the landlords currently have problems with our management comapny , they provide a substandard level of care if it was in any other company it would be known as negligence .However in ireland there is no law in overseeing management cos Falcondale in newbridge are charging an exorbiant fee of 28,000k per year excluding office material , paper and pens etc. we have a high debt due to this of landlords unable to pay and they seem to get away with charging such amount , landlords cannot sells apartment 1) negative equity in this current time and 2) the outer grounds and communal area is embarrassing to say the least .
is there anyway we can leave this company, and get a new management company could you advise me best