Multi-Unit Developments Act 2011
|
House rules. |
23.— (1) An owners’ management company may, as respects the multi-unit development for which that company has responsibility, make house rules as respects the development or part of the development relating to the effective operation and maintenance of the development and with the objective of enhancing the quiet and peaceable occupation of units generally in the development, and such house rules shall be binding on— | |
(a) unit owners, | ||
(b) tenants of unit owners, and | ||
(c) servants, agents and licensees of persons referred to in paragraphs (a) and (b). | ||
(2) House rules made pursuant to subsection (1) shall be consistent with the covenants and conditions contained in— | ||
(a) the documents of title under which unit owners in the multi-unit development concerned have title to the units concerned, and | ||
(b) the documents of title under which the owners’ management company concerned has title to the multi-unit development concerned. | ||
(3) House rules made under subsection (1) shall be made in a manner consistent with— | ||
(a) the objective of advancing the quiet and peaceful enjoyment of the property by the unit owners and the occupiers, and | ||
(b) the objective of the fair and equitable balancing of the rights and obligations of the occupiers and the unit owners, | ||
in the development or part of the development concerned. | ||
(4) Subject to subsection (8), house rules shall not be made under this section unless the rules have been considered and approved by a meeting of the unit owners in the part of the development concerned. | ||
(5) Notice of a meeting referred to in subsection (4) shall be given to each unit owner not less than 21 days prior to the meeting. | ||
(6) The notice of the meeting to consider the making of house rules under this section shall be accompanied by a draft of the proposed rules. | ||
(7) Following the approval of rules under this section the owners’ management company shall furnish a copy of the rules to each unit owner and shall also send a copy to each unit in the development. | ||
(8) Notwithstanding subsections (4) to (6), in the case of a multi-unit development to which section 3 applies, house rules may be made by the owners’ management company before the completion of the sale of the first unit in the relevant part of the development, and in such event the first purchaser of each unit in the relevant part of the development shall be given a copy of such house rules on or prior to the completion of the sale of the unit unless prior to that day other house rules have been made in accordance with this section. | ||
(9) House rules made pursuant to this section may be amended from time to time in the same manner as house rules may be made. | ||
(10) It shall be a term of every letting of a unit in a multi-unit development that the letting is subject to the observance by all those occupying the property (including their licensees, servants or agents), in whatever capacity, of— | ||
(a) the conditions and covenants in the title documents relating to the use and enjoyment of the property, and | ||
(b) house rules made under this section, | ||
and a summary of such relevant conditions and covenants together with a copy of any house rules shall be incorporated into the letting agreement relating to the unit concerned. | ||
(11) Where a person, who by reason of subsection (1) is obliged to comply with house rules, commits a material breach of such rules, the owners’ management company of the development concerned may recover the reasonable costs of remedying such breach from such person which costs may be recovered as a simple contract debt in a court of competent jurisdiction. | ||
(12) The Minister may make regulations relating to— | ||
(a) the making of house rules, and | ||
(b) the matters to which they may relate. |