I propose to take Questions Nos. 695, 696, 697, 698, 699, 700, 701, 702, 703 and 704 together.
Matters in relation to the management of Multi Unit Developments are a matter for my colleague the Minister for Justice, Home Affairs and Migration. However, it is my understanding that the Multi-Unit Developments Act 2011 (MUDs Act) facilitates the fair, efficient and effective management of OMCs. In multi-unit developments, the property management agent is engaged by the Directors of the OMC to provide a property service to that OMC. The OMC engages with the Property Management agent on behalf of homeowners. In the case of renters in multi-unit developments, it is the landlord who is the OMC member.
The Property Services (Regulation) Act 2011 requires a formal contract for services, i.e. a Letter of Engagement (LOE) between the OMC and the Property Management agent, with templates provided by the Property Services Regulatory Authority (PSRA). This LOE protects both the OMC and the property management agent. It should clearly outline in a very prescriptive manner all property services to be provided, and all detailed costs involved.
Where a homeowner or renter in a multi-unit development has a dispute with a Property Management Company with regard to a concern in the management of the development, their first recourse is to contact the Directors of the OMC.
Under the MUDS Act, where Directors fail to deal with the dispute from homeowner or renters, they have a right of recourse to the Circuit Court to address these matters.
Under the Property Services (Regulation) Act, 2011, a person can make a complaint to the Property Services Regulatory Authority (PSRA) in relation to licensed Property Services Providers, however the PSRA will make a determination on receipt of the complaint on whether the matter which is the subject of the complaint falls within the remit of the PSRA or under the definition of improper conduct as set down in the Property Services (Regulation) Act, 2011.
The Property Management Company is engaged by the Directors of the OMC to provide a property service to that OMC. The Property Management Company takes instruction from the Directors of the OMC.
Responsibility for the Property Services Regulation Act 2011 and the Property Services Regulatory Authority transferred to my Department in 2025. The Programme for Government committed to moving the responsibility for the MUDS Act to my Department to streamline support for OMCs and improve oversight. Legislation is required to bring about that transfer and I understand that this is being progressed by the Minister the Minister for Justice, Home Affairs and Migration.
Once responsibility for MUDS has moved, my Department is committed to reviewing the MUDs Act and to the making of regulations under the MUDS Act where required. A timeline for the transfer of functions from the Department of Justice, Home Affairs and Migration (DJHAM) is currently being advanced, and will be enabled by the necessary legislative amendments. Engagement between Departments is ongoing to ensure this happens in a well-managed and efficient manner.