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.
Director of Public Prosecutions v Patricia Kelly »
Director of Public Prosecutions v Sean O’Neill »
Frequently Asked Questions
ODCE encourages the public to visit the extended FAQs section of website for information before contacting the Office.
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Man pleads guilty to 7 company law offences. The Director has issued a Press Release on the matter.
Press Release 30 March 2021
30 Mar 2021
Press Release 28 January 2021
29 Jan 2021
Press Release 7 December 2020
10 Dec 2020
Press Release 17 September 2020
18 Sep 2020
Press Release regarding charges against a man arising from an ODCE investigation.
27 Jul 2020