Head 21: 1

Question 1

What is a community?

Answer 1

A community is a group of properties which are regulated by community burdens (the real burdens which bind all the properties within a community and are mutually enforceable). So it applies to any group or 2 or more properties (“units”) regulated by burdens imposed under a common scheme and which are mutually enforceable (in other words, community burdens).

NB one tenement communities are excluded (s 31A)

Question 2

s 25-31 TCA 2003

Answer 2

Non tenement communities have a set of default rules (which are subjects to title deeds / community burdens etc)

Question 3

What are the two principle rules in relation to community management and maintenance?

Answer 3

1) Under section 28: a majority of the houses may agree to appoint a manager or a factor, conferring specified powers and dismiss a manager. Any renumeration paid to the manager is shared equally (s 31)
2) Under section 29: where there is a community burden requiring repairs or maintenance (e.g. a burden requiring a share of the costs of repairing a private road) the decision to carry out a repair can be made by a majority and there is also provision for paying everybody in advance [NB there is not an obligation to repair]

Question 4

Section 30 TCA 2003

Answer 4

All owners are bound by decisions under ss 28 and 29 and successors are bound too.

Question 5

What is the development management scheme?

Answer 5

An optional scheme for management and maintenance provided for by part 6 of the Title Conditions (S) Act 2003.

Question 6

When can the DMS be used?

Answer 6

It can be used for any group of properties, whether tenemental or non-tenemental (or a mixture of both).

The DMS is ornate and only suitable for large developments. The central feature is that the development is run by a manager acting on behalf of an owners’ association, which is itself a body corporate. Provision is made for annual budgeting, service charges, annual general meetings, inspections and maintenance, and so on. The DMS – whether as enacted or with variations – is applied to a development by a deed of application (2003 Act s 71).

Question 7

Where the DMS applies…

Answer 7

The TMS does not.