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Ask Buachaill Your Own Question
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10976
Experience:  Barrister 17 years experience
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I live in a development of 17 houses built 11 years ago -,terrace

Customer Question

I live in a development of 17 houses built 11 years ago -,terrace of 6 & terrace of 4 townhouses, terrace of 3 bungalows, courtyard of 3 connected converted barns and the original big house. We have an OMC in place for the development. We will not be taken in charge by the county council. We,as owners,own the common areas and freehold. We are responsible for the garbage removal,u "public" lighting throughout the facility etc etc. are we required to comply with the MUD act/ sinking fund?
Submitted: 2 years ago.
Category: Republic of Ireland Law
Customer: replied 2 years ago.
Did you answer?????
Why does this site not accept my own email address without asking for an alternative email address. Is there something amiss with your site. Fh
Customer: replied 2 years ago.
Can I gave my money back please . I am not a happy customer. FH
Expert:  Buachaill replied 2 years ago.
1. The extent of the Multi Unit Development Act is laid down in section 2 of the Act. Essentially, the Act applies to every multi unit development where " the structure, or that part of the structure, in which the residential units are situate, does not form part, and was never intended to form part, of the common areas of the development". In your query, you don't state whether part of the structure does not form part of the common areas. This is obviously a factual question. From what you narrate, part of the structure of the overall development is not part of the common areas. As such the development would fall within the terms of the Act. This is contrary to the views of the solicitor who owns one of the units. As such you would have to set up a sinking fund.