Management Company Articles of Association are essential for any property management company operating in Ireland. This document is required when establishing a management company to oversee shared spaces, facilities, or services in residential, commercial, or mixed-use developments. It must comply with the Companies Act 2014 and, where applicable, the Multi-Unit Developments Act 2011. The Articles detail crucial aspects such as membership rights, service charge calculations, sinking fund provisions, voting procedures, and director responsibilities. They are particularly important in multi-unit developments where the management company holds common areas in trust for property owners. The document needs regular review to ensure it remains aligned with current legislation and meets the evolving needs of the property and its stakeholders.
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1. Preliminary: Interpretation, definitions, and application of regulations
2. Company Name and Type: Statement of company name and type (e.g., Company Limited by Guarantee)
3. Objects: Primary purposes and objectives of the management company
4. Members: Rights, obligations and conditions of membership
5. General Meetings: Procedures for annual and extraordinary general meetings
6. Votes of Members: Voting rights, procedures, and proxies
7. Directors: Appointment, removal, powers, and duties of directors
8. Proceedings of Directors: Board meetings, decisions, and committees
9. Secretary: Appointment and duties of the company secretary
10. Service Charges: Calculation, collection, and management of service charges
11. Seal: Use and custody of the company seal
12. Accounts: Financial records, audits, and annual returns
13. Notices: Methods of serving notices to members
14. Indemnity: Protection of officers and directors
15. Winding Up: Procedures for dissolution of the company
1. Sinking Fund: Required if the company manages multi-unit developments under the MUD Act 2011
2. Management of Common Areas: Needed if the company manages shared facilities or spaces
3. Letting and Transfer of Units: Include if there are restrictions on property transfers or leasing
4. Block Insurance: Required if the company handles collective insurance policies
5. Alternative Dispute Resolution: Optional procedures for resolving disputes between members
6. Sub-Committees: Include if the company plans to establish specialized committees
7. Electronic Communications: Optional provisions for virtual meetings and electronic notices
8. Property Manager: Include if external property management services will be employed
1. Schedule 1 - Proxy Form: Standard form for appointing proxies for general meetings
2. Schedule 2 - Service Charge Calculation: Method and formula for calculating service charges
3. Schedule 3 - Common Areas: Detailed description and plans of common areas managed by the company
4. Schedule 4 - House Rules: Regulations for the use of common areas and facilities
5. Schedule 5 - Membership Register Format: Template for maintaining the register of members
6. Appendix A - Plan of Development: Maps and plans showing the property boundaries and common areas
7. Appendix B - Calculation of Voting Rights: Method for determining voting rights based on unit size or other factors
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