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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Michael Bailey and Thomas Bailey disqualified for seven years on the 1st May 2014

06 June 2014


Details of the Directors:

Michael Bailey
Address: Ashfield House, Beauparc, Navan, County Meath.

Thomas Bailey
Address: Culcommon, Batterstown, County Meath.

Company: Bovale Developments
Company Number: 98194
Registered Office:  59 Fitzwilliam Square, Dublin 2.
Venue: High Court Dublin
Judge: Ms Justice Mary Finlay Geoghegan

The Application:

Counsel on behalf of the Director of Corporate Enforcement, (“the Director”) applied to the High Court for a disqualification order under Section 160(2) of the Companies Act, 1990 against Michael Bailey and Thomas Bailey, the Respondents in this case.

Outcome:
On the 21st October 2013, the case was heard before Ms Justice Finlay Geoghegan. On the 9th December 2013, the Court delivered judgment and made an Order pursuant to Section 160 of the Companies Act, 1990 (as amended), disqualifying Michael Bailey and Thomas Bailey for seven years, from being appointed or acting as an auditor, director, or other officer, receiver, liquidator or examiner or being in any way whether directly or indirectly, concerned or taking part in the promotion, formation or management of any company or any society registered under the Industrial and Provident Societies Acts 1893 to 1978.

The said disqualification Order of the High Court was stayed and adjourned by the Court from time to time, pending the hearing of the Respondents application for relief from that Order, pursuant to the provisions of Section 160(8) of the Companies Act, 1990.

On the 1st May 2014, at the hearing of the Respondents application for relief, the Court lifted the stay on the Order disqualifying the Respondents. Further under Section 160(8) of the said Act, the Court made an Order, that the Respondents be permitted to continue as directors and or be concerned in the management of Bovale Developments to include the Companies listed in the Schedule below, up to and including the 30th day of September 2014, on condition that a minimum of two additional directors be appointed to Bovale Developments and to each of the named Companies in the said Schedule on or before the 20th day of July 2014.  The Court also ordered, that the Respondents furnish to the Director proof of the appointment of the said additional directors.

The Respondents and the Director were represented by Counsel at each of the above hearings before the High Court.

The Judgment of the 9th December 2013 of Ms Justice Mary Finlay Geoghegan is attached below.

SCHEDULE OF COMPANIES
Lissenhall Demesne Properties Limited
Balheary Properties Limited
Charlestown Shopping Centre Management Company Limited
Charlestown Apartments Management Company Limited
Blackhall Green Homes Limited
Caslan Developments Limited
Bailey New Homes Limited
Sureford Limited
Heeleys View Management Company Limited
Ryehill Developments Limited
Sampan Concepts Limited

Documents to download

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