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01 What is a Management Company?

A so called "management company" is a company registered in the CRO usually as a Company limited by Guarantee (CLG) or a Designated Activity Company (DAC),  with an object clause to manage a multi-unit development. The "management company" owns the common areas of the development such as: car parks, green space, stairwells, lifts and communal hallways and maintains them for the benefit of all property owners and typically provides for insurance cover.

On acquiring a unit within the development, in addition to the apartment or house such person also shares ownership of the common areas. Stemming from this, it is usually a condition of the purchaser's contract that they sign a co-ownership agreement which obliged them to become a member of the management company.    These co-ownership agreements are essentially rooted in the laws of contract and private property,  rather than in any particular Act of the Oireachtas.  Following on from this, it should be clear that the requirement to become a member of a management company is not a requirement under company law. 

There is no special body of company law which applies only to so called "management companies" or is applied differently so far as management companies are concerned.  The "FAQ" (Frequently Asked Questions) section of this website answers most general company law type questions in relation to all companies.  Most of the issues arising in the so called "management companies" are not company law issues and the ODCE cannot assist.   The attached document lists the breaches of company law where ODCE can assist with.

02 Are management companies a product of company law?

No. It is important to stress that management companies have no special meaning and are in no way a requirement of company law. There is nothing in the Companies Act which states that a management company must be brought into existence in connection with any multi-unit development, and some multi-unit developments exist which do not have a management company associated with them. Furthermore, it is important to point out and emphasise that there is no special body of company law that applies solely to management companies.

03 Where can I find the legal source from which management companies operate?

Press Release 16 April 2021

Louth man pleads guilty to fraudulent trading and fraud offences

16 April 2021


Arising from an investigation conducted by the Office of the Director of Corporate Enforcement (“ODCE”) and following directions from the Director of Public Prosecutions (“DPP”), Mr. Pearse O’Connor, aged 38, of The Crescent, Lennonstown Manor, Dundalk, County Louth, was arraigned before Drogheda Circuit Court this morning. He entered pleas of guilty in respect of 1 count of Fraudulent Trading under the Companies Act 1963 as amended and 5 counts of the Use of a False Instrument under the Criminal Justice (Theft and Fraud Offences) Act 2001.

The fraudulent trading charge arose in circumstances in which Mr O’Connor was knowingly a party to the carrying on of the business of Pearse Roofing and Cladding Ltd for a fraudulent purpose, i.e. the dishonest solicitation of payments from Keys Commercial Finance Limited by the furnishing of false and misleading invoices.  The five charges of using a false instrument arose from the use of certain false documents, including false and misleading invoices.

Judge Martina Baxter remanded Mr O’Connor on continuing bail to the 5th of October 2021 for the preparation of a probation report and to fix a date for sentencing.

OFFICE OF THE DIRECTOR OF CORPORATE ENFORCEMENT

15 April 2021

Ends/

Contact:

Conor O'Mahony

Office of the Director of Corporate Enforcement

16 Parnell Square, Dublin 1, D01 W5C2

Phone no.  (087) 239 7741

Email:  conor_omahony@odce.ie

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Office of the Director of Corporate Enforcement
16 Parnell Square, Dublin 1
Telephone: +353 1 858 5800
Email: info@odce.ie