Transfer of common areas

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Danny17

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I own an apartment which was build in 2005 & the common areas remain un- transferred. The Developer went bankrupt in 2009, and the mgt agents/ board are claiming a lack of knowledge in relation to theownership of 2 or 3 unfinished units in the complex as the delay for transfer.
The common areas are maintained by the mgt fees which the apartment owners pay.
Would appreciate if some one could advise on the possible options to get the common area transferred in an expedited manner. What would court proceedings involve at this stage
With thanks x
 
Hi, I would recommend Sonia McEntee, a solicitor who specializes in Apartment law.
https://www.soniamcenteesolicitors.ie/
I have no personal connection to her but we used her for the transfer of the common areas in our estate about 10 years ago and found her to be honest and efficient. She would be able to give good advice in how best to proceed.
 
Danny17 said:
Many thanks for this advice. Out of interest, how long did the transfer process take for your complex?
Click to expand...
It took a number of months as far as I remember and involved a few meetings with the Directors of the OMC (myself and 3 other residents) and the solicitor.
 
The costs involved in making an application to the High Court under the Trustees’ Acts would be substantial for each owner.
You may be able to apply for adverse possession given the length of time that has passed since developer went bust.

I would echo reaching out to Sonia. We had a similar issue years ago (ultimately never progressed for some reason) but she was helpful
 
Many thanks for your advice. I may stand corrected but is there a provision in the MUD Act to bring it to the less costly circuit court?. We have maintained the common areas through our mgt fees for the last 20 years, insured the common areas via our block insurance & most recently paid for fire defects of the common area via levies- so the mgt company have acted as owners of the common areas. I wonder would this be favourable in applying for adverse possession of the common areas?
 
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