Cllr Catherine Murphy has written to Environment Minister seeking a change in the law as it relates to “Taking Housing Estates in Charge”.   The taking in charge process   includes the assumption of  responsibility for Roads/Paths; Sewers/Drains;  Public Lighting etc. within housing estates.  It also requires developers to transfer ownership of open spaces to the Council,  ensuring these spaces are protected from future development.    “ The current law (Section 180(2)(a) of the Planning & Development act, 2000)  leaves house purchasers powerless for up to 12 years while the Council and Developer “act” on their behalf.”   She believes the time frame is much too generous to the developer and not in the interest of house purchasers.   It  particularly plays into the hands of rogue developers and frustrates Residents Association Committees according to Cllr Murphy.

Continue reading Environment Minister urged to Change law in Home-owners Interest April 18, 2009 10:16 AM |

Cllr Catherine Murphy questions Government approach to problem.

According to Cllr Catherine Murphy,  Kildare has just short of 4000 individuals or families on their housing waiting list.   This may come as a surprise to many given that we are at the end of the biggest construction booms in the history of the state.   With far more applicants than houses the Council operates a points system where the length of time on the waiting list,  together with family size,  current housing conditions etc. determines  who is allocated the limited number of houses that will come available.   It is not unusual for applicants to wait  5 years or more years before being allocated a house.  

Housing applicants are placed in specific categories defined by the number of bedrooms in the house/apartment.  This  is determined by the household size,  for example an elderly couple are presumed to require a one bedroom housing unit.  On occasions this is insufficient because it does not provide for family members to stay over,  should one or both become ill.   Similarly separated parents,  mainly Dads,  with access to their children are often underprovided for.    Government policy and not individual Council’s determines the size of accommodation provided for.

To qualify to be included on the Council’s  waiting list you must  (a) be in need of housing  (b) in overcrowded or substandard accommodation,  or (c) be in overpriced accommodation.  Many of those on the waiting list are being assisted to pay their rent by  the HSE,  while others are living with friends or family,  others are struggling to pay rent, most if not all would not earn enough to qualify for a mortgage.

In recent years Government Policy has resulted in Council’s acquiring houses/apartments in private estates through the Part V process.    With the downturn in the construction sector this avenue will have reduced dramatically.  With a limited land bank,  it is difficult to see how Council’s can make  inroads into this housing need unless government policy changes.      According to Cllr Murphy it is a false economy to fork out tens of millions on rent assistance for an indefinite period,  when a more permanent solution could be provided for.      It’s a bit like paying for prefab classrooms when permanent classrooms could be provided for little extra and where there is a  long term gain from doing so.

Kildare like all other Councils were notified earlier in the year by  Government as to the amount they are to receive from the exchequer for their house building programme,   in recent weeks this programme has been put on hold,  at least until after the emergency budget.    According to Cllr Murphy now is the time we should consider how best to spend these scarce funds,  which are in addition to the huge sums currently being spent on rent support.According to Cllr Catherine Murphy, 

Continue reading 4000 on Council Housing List 10s Millions spent on Rent support! April 4, 2009 03:04 PM |

Report to Full meeting of Kildare  Council Meeting of 26^th January 2009. Long Term Arrangements for Public Spaces in Apartment Developments

 Report

The Council’s policy on the use of management companies is set out in the County Development Plan,  which states.

“Management Companies are not required and are not envisaged for conventional housing developments other than apartment development.  Apartment developments are not taken in charge by the local authority and therefore a management company is required.” (Section 15.3.5)

This policy and the application of the policy was expanded and set out in the “Taking in Charge Policy Statement” (TICPS)  adopted by the Council in June 2008.   the clear thrust of this document is to take as many private residential developments in charge where it is possible to do so.

 However,  this document states that;

“Kildare County council recognises that certain development types,  (such as apartment blocks or developments that consist predominantly of apartment blocks and where it would not be practical to isolate the infrastructure servicing the apartment blocks from the other conventional housing element of the development)  require the creation of management companies to manage and maintain the communal areas in the development.”

In many cases it is not practical or possible to take this type of development in charge for a number of reasons.

In many cases this type of development is gated which precludes it from being taken in charge.

•  As stated above,  unless such a development is designed and constructed in order to facilitate the future taking in charge,  it is unlikely that the services and facilities will be laid out in a manner that enables the County Council to clearly isolate the infrastructure and services to be taken in charge from those that are to remain in the control of the management company.
• In many cases car parking facilities are provided under the apartment blocks.  For insurance purposes the County Council should not take these car park spaces in charge.
• Where developments consist primarily of apartments,  management companies are required to manage and maintain significant areas and elements of infrastructure (e.g. stair wells,  lifts,  corridors,  car parks,  private and semi-private landscaped areas etc.)  within the development.  In many cases the areas that could be taken in charge such as access roads are minimal and the taking in charge of such residual areas would have little impact on the management fees charges.
• The TICPS document recognises the need for performance bonds to be put in place to ensure the satisfactory completion of apartment developments.  The document recommends that the developer be required to keep this bond in place until control of the management company has transferred to the resident of the development.

The Office of the Director of Corporate Enforcement,  has recently  published a detailed Company Law Handbook on Residential Property Owner’s Management Companies.  

For those who live in apartment’s and will require a means of managing the common areas,    this self help guide is a valuable resource.  It can be found at  http://www.odce.ie/

A booklet can also be downloaded from the National Consumer Agency on the subject,  which is also a valuable resource to those already living in apartments or those contemplating renting/purchasing one.   The link is http://www.consumerproperty.ie/index.html

The Law Reform Commission published their report in June 2008.  This is intended to inform promised new legislation.  http://www.lawreform.ie/publications/Report%20NEWS%20RELEASE%20june%2008.pdf

Kildare County Council's policy in relation to the long term arrangments for apartments can be viewd by clicking "your home and you",  this is located above to the left.

• Press, Dáil Statements & Dáil Questions
• Your Home & You Links

15/02/07 Is 650 sq ft Big Enough For A Family of 4?

24/01/07 Government Feigns Interest In Property Management Problem

13/12/06 Rogue Developers Must Be Tracked & Stopped

12/12/06 Management Company Recommendations Welcome

23/11/06 2500 Social Houses Lying Vacant Scandalous

02/11/06 Local Authorities Priced Out Of Housing Market

19/10/06 Homeowner Wins Court Victory Over Management Company

16/10/06 70,000 Housholders Living in Unfinished Estates

13/10/06 75% Of Unfinished Estate Houses Underfunded Counties

05/10/06 Warnings on Management Companies Must Be Heeded

04/10/06 Consumer Agency Report on Management Co's Welcome

28/09/06 Dáil Debate on Management Companies, 1 Year On

14/07/06 Taoiseach Misunderstands Cause of Estates Problem

24/04/06 Unfinished Estates & Management Companies Report Welcome

05/03/06 New Powers for Councils Welcome

28/02/06 Gov Must Devise Action Plan on Management Co's

15/01/06 KCC Geting Less Funding To Pay For More People

13/01/06 Council's Can't Afford to Take Estates in Charge

08/01/06 Developers & Council Fail 19,000 Kildare Houses

29/09/05 Dáil Debate on Management Companies

 Management Companies

• Governance of Apartment Owners’ Management Companies 
• Office of the Director of Corporate Enforcement
• Property Management Companies & You
• National Consumer Agency

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Continue reading Council Receives €10m Less From Department Of Environment To Serve Needs Of 47,000 More People January 15, 2006 05:39 PM |

Continue reading Council's Don't Have Money to Take Estates In Charge January 13, 2006 12:47 PM |

29th September 2005

The Dail Adjurnment debate each sitting day offers Deputies an opportunity to raise matters of concern and receive a reply from the relevent Minister or Department.

Continue reading Dail Debate on Management Companies September 29, 2005 05:33 PM |