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Conditions relating to sale of units in multi-unit developments.
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3.— (1) A person to whom this section applies shall not, after the coming into operation of this section, transfer his or her interest in a residential unit in a multi-unit development to which this section applies unless—
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(a) an owners’ management company has been established at the expense of the developer of the multi-unit development concerned,
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(b) ownership of the relevant parts of the common areas of the multi-unit development and of any reversion in the residential unit being transferred has, subject to subsection (7), been validly transferred by deed (or otherwise) to the owners’ management company relating to that unit,
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(c) a certificate from a suitably qualified person that the relevant parts of the multi-unit development have been constructed in compliance with the fire safety certificate concerned issued pursuant to the Building Control Acts 1990 and 2007 has been furnished by the person to whom subsection (2) (b) refers to the owners’ management company, and
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(d) a contract in writing is entered into between the developer and the owners’ management company concerned prior to such transfer setting out the rights and obligations of each of those persons relating to the completion of the development and which includes particulars of the arrangements relating to—
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(i) confirmation of compliance with all relevant statutory requirements,
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(ii) completion of the work on the common areas concerned,
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(iii) the release to the developer of monies held by the owners’ management company where the contract provides for monies to be so held by the owners’ management company pending completion of the common areas concerned, and
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(iv) the process for resolving disputes between the parties to the contract as respects the completion of the development.
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(2) This section applies to—
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(a) a multi-unit development in which a residential unit has not previously been sold; and
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(b) a person, other than the owners’ management company concerned, who is the owner of relevant parts of the common areas of a multi-unit development.
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(3) The obligation, under this section, to transfer ownership of the relevant parts of the common areas of a multi-unit development includes an obligation—
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(a) to transfer any right of way or access and any other easements appurtenant to the land so transferred or necessary for the reasonable use and enjoyment of the land concerned,
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(b) to transfer all rights necessary to enable the owner of each residential unit to enjoy the quiet and peaceful occupation of the residential unit of which he or she is the owner, and
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(c) to transfer all necessary amenities intended to be available for use in conjunction with the ownership and occupation of the residential units in the multi-unit development.
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(4) Without prejudice to subsection (3), the person to whom subsection (2)(b) refers shall do all things within his or her power which are reasonably necessary to ensure that each owner of a residential unit in the development concerned enjoys the rights referred to in that subsection.
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(5) The developer shall ensure that the owners’ management company established for the purposes of ownership and management of the common areas of a multi-unit development shall have all the powers necessary—
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(a) to perform functions conferred or imposed on owners’ management companies by this Act, and
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(b) to exercise any powers conferred on such a company by this Act,
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in relation to the multi-unit development concerned.
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(6) As respects the negotiation of and entering into the contract referred to in subsection (1)(d) and the transfer of the common areas concerned, the owners’ management company shall have legal representation and shall not be represented by the same solicitor or firm of solicitors as the developer or other person who is the owner of the common areas, and the reasonable costs of such representation shall be discharged by the developer or other person who is the owner of the common areas concerned.
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(7) The transfer, in compliance with this section, of the ownership of the relevant parts of the common areas of a multi-unit development and in the reversion relating to the residential units shall reserve the beneficial interest therein to the person transferring the ownership of those parts (including any mortgagee or the owner of a charge affecting any such beneficial interest).
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(8) In this section—
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“ suitably qualified person ” means a person who is a member of a class or classes of persons prescribed by the Minister for the purposes of this section;
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“prescribed” means prescribed by regulations made by the Minister having consulted the Minister for the Environment, Heritage and Local Government.
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(9) Regulations made by the Minister under this section may prescribe a class or classes of persons who in the view of the Minister, having considered the qualifications, training, and expertise of such class or classes of persons by reference to the functions to be performed by members of such class pursuant to this section, are suitably qualified.
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