Multi-Unit Developments Act 2011

• Permanent Page URL

Automatic transfer of membership of owners’ management company on sale of unit.

8.— (1) Where ownership of a residential unit in a multi-unit development is transferred, whether by conveyance, transfer, assignment, by operation of law or otherwise, membership of the owners’ management company which arises by virtue of ownership of that unit shall, notwithstanding any provision to the contrary in the Companies Acts or any other enactment, on such transfer stand transferred to the person becoming entitled to the freehold or leasehold interest in the unit concerned without the need to execute a transfer or have it approved by the directors of the company, and such person shall—

(a) be entitled to exercise the powers, rights and entitlement of a member in the company concerned, and

(b) be obliged to perform all the obligations (including the payment of service charges) pertaining to the membership of such company concerned.

(2) Notwithstanding subsection (1) an owners’ management company shall take all steps necessary to ensure—

(a) that the share certificate or membership certificate, as appropriate, is issued to the member concerned as soon as practicable following notification of the change of ownership of the residential unit,

(b) that the register of members of the company is altered accordingly, and

(c) that there is compliance with all other relevant requirements under the Companies Acts.

(3) A unit owner (whether the owner of a residential unit or a commercial unit) shall be under an obligation to furnish to the relevant owners’ management company—

(a) particulars of his or her name,

(b) particulars of his or her address,

(c) particulars of the names of the tenants in the unit,

(d) particulars of any habitual occupiers of the unit other than tenants, and

(e) such other contact particulars as the owners’ management company may reasonably request,

and shall promptly notify the owners’ management company of any change in such particulars.