Owners' management companies
Deputy Moynihan called for better oversight of owners' management companies in phased developments, where developers can retain control too long. The Tánaiste agreed the issue is growing and said the law and regulatory structures need updating.
I raise the need for increased oversight and accountability with regard to owners' management companies, OMCs. It is an issue in my constituency where we have larger estates that are delivered on a phased basis. Parts of the developments are occupied while other parts are still under construction. The developer of the estate can retain control of the OMC for extended periods, which is against the spirit in which OMCs are set up. In addition, the current model allows for a voluntary resident director to take on significant legal and fiduciary responsibilities. That can cause difficulties regarding transparency of who sits on the board and in terms of understanding decision-making process.
Under the programme for Government, we have committed to transferring regulation of the OMCs and the Multi-Unit Developments Act to the Department of Housing, Local Government and Heritage. Will the Tánaiste provide an update on when that transfer will take place? Are there any plans to review the MUD Act 2011, to create regulations providing for the establishment of a register for OMCs and their directors, to increase accountability and transparency relating to them, to support the residents who live in these areas, to make sure they understand decision-making processes in their developments, to honour the spirit of the legislation and to truly make these companies into owners' management companies?
Comment on this
Gabhaim buíochas leis an Teachta. I thank him for raising this issue, which is a growing issue in a number of constituencies. Perhaps his constituency is very prominent in that considering the volume of homes and apartments built and the number of multi-unit developments in place. Of course, that is very welcome but it means we need to put ourselves under pressure to keep the laws of the land and the regulatory structures up to date. It is utterly unacceptable that owners have no access to their OMC and that where concerns are raised around AGMs and the likes, people often cannot straight answers. That is not good. The programme for Government commits to transferring these functions to the Department of housing. The Government remains committed to that. I need to check the exact timeline and come back to the Deputy. My personal view is there is a compelling case to review more broadly the existing law. I will discuss that with the Minister for housing and ask that he liaise with the Deputy.