Kildare County Council long term arrangements for apartments

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.

 Conclusion: The Council will continue to work with developers and residents of private residential developments to take those elements and services of the development in charge where it is practical to do so.  However,  it has to be recognised that there will be developments particularly those that consist entirely or predominantly of apartment where it is not practical to take any element of those developments in charge.

In all such developments,  it is essential that a developer be required to put a performance bond in place until such time as control of the management company transfers to the residents of the development.

Once control of the management company has transferred to the residents,  they can decide if they want to use a management agent to maintain the semi-private and any public space or to maintain these spaces themselves.