Apartment managers face new legislation

Fine Gael will bring forward a Private Members' Bill early in the new year that proposes to protect apartment dwellers by introducing…

Fine Gael will bring forward a Private Members' Bill early in the new year that proposes to protect apartment dwellers by introducing legislation governing apartment-complex management companies.

As it stands, there is no such legislation and this has left apartment dwellers "vulnerable and without State protection", according to Fine Gael environment spokesman Fergus O'Dowd.

The bill will seek to impose a pro-consumer code of practice on managing agents. This code will oblige developers to set out a management fee for the first three years for a new complex that would not be fully payable until the managing agents are in place and various services can be provided. The code also proposes that managing agents provide an adequate "sinking fund".

It would ensure that managing agents have provisions available to carry out major renovations. Many apartment dwellers must either pay for renovations that should not be their responsibility or live in a decaying environment, said Mr O'Dowd.

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"Mounting anecdotal evidence suggests there are serious problems regarding apartment complexes throughout the country and many residents feel powerless to address them. These problems relate primarily to the failure of builders and managing agents to maintain complexes while simultaneously charging very high management fees that increase year on year," he said.

The Private Members' Bill will seek to amend the 2004 Residential Tenancies Act by widening the role of the Private Residential Tenancies Board (PRTB), which would regulate the code of practice for managing agents.