Management Companies

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?

Court Rulings

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The Director of Corporate Enforcement secures the Disqualification of Two Construction Company Directors.

21 December 2005


The Director of Corporate Enforcement secures the Disqualification of Two Construction Company Directors.

On the 21st December 2005, the High Court disqualified Paul Rogers and Patrick Rogers for a period of five years arising from their misconduct as Directors of Barnroe Limited. The disqualification proceedings followed the completion of an examination by the Director of Corporate Enforcement of the books and documents of the company pursuant to section 19 of the Companies Act 1990. The Court decision precludes both individuals from being company directors or from being directly or indirectly concerned in the promotion, formation or management of a company for the five year period.

The High Court delivered its judgement in three separate cases relating to this matter as follows:

Judgement in the matter of the High Court record number 490 COS/2004 and in the matter of the Companies Acts 1963 to 2003 and in the matter of an application pursuant to section 160(2) of the Companies Act 1990 between the Director of Corporate Enforcement , Applicant, and Paul Rogers and Patrick Rogers, Respondents.

Record number 490 COS/2004: Click download below to access the Judgement

Judgement in the matter of the High Court record number 638 JR/2004 between Paul Rogers, Patrick Rogers and Barnroe Limited, Applicants, and George Maloney, the Director of Corporate Enforcement, the Commissioner of An Garda Síochána, the Director of Public Prosecutions and District Judge Geoffrey Browne, Respondents.

Record number 638 JR/2004: Click download below to access the Judgement

Judgement in the matter of the High Court Record No. 639 J.R./2004 between Trevor Rogers, Jason Rogers and Barnmac Contracting Limited - Applicants -and- George Maloney, The Director of Corporate Enforcement, The Commissioner of An Garda Siochana, The Director of Public Prosecutions and District Judge Geoffrey Browne - Respondents.

Record No. 639 J.R./2004: Click download below to access the Judgement

Documents to download

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