‘Are the house rules in my apartment building legally binding and enforceable?’
I live in a small apartment block of nine units. We have house rules, which are obligatory as a result of the Multi Unit Development (MUD) Act 2011. What I really want to know is – are these house rules legal? The provision regarding house rules in a multi-unit development are set out in section 23 of the Multi-Unit Development Act and are binding on all occupiers and owners within the multi-unit development. The act specifies the following: 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).[1] A typical set of house rules in an apartment block may contain provisions around noise levels, construction works, animals, parties, obstructions etc. How can you vet how an apartment building is managed before buying? The house rules must be adopted at the annual general meeting or extraordinary general meeting of the company where members have the opportunity to add or amend the rules by a simple majority vote. The rules are then binding on the parties providing that all proper procedures were followed and also that they are in the best interests of the owners’ management company (OMC). For example, the imposition of a house rule stating that construction works are not permitted whatsoever would be unlawful as it would contravene the covenants of the lease agreement which states that the property owners have the right to effect repairs or refurbishment of their own apartment. Most of the listed house rules are also contained in the terms of the lease agreement and so there is a considerable overlap in this regard. However, unlike the lease agreements, the house rules can be relatively easily changed and added to at no cost while also remaining binding on the parties. Aisling Keenan is a property managing agent, consultant and an associate member of the Society of Chartered Surveyors Ireland Do you have a query? Email propertyquestions@irishtimes.com This column is a readers’ service. The content of the Property Clinic is provided for general information only. It is not intended as advice on which readers should rely. Professional or specialist advice should be obtained before persons take or refrain from any action on the basis of the content. The Irish Times and its contributors will not be liable for any loss or damage arising from reliance on any content