COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

South Dublin County Council Crest

MEETING OF CLONDALKIN, NEWCASTLE, RATHCOOLE, SAGGART AND BRITTAS AREA COMMITTEE

Wednesday, March 19, 2025

MOTION NO. 5

MOTION: Councillor E. Ó Broin

That this Area Committee agrees that SDCC, as the largest residential property owner in the Kilcarberry Housing Development, will insist that the next AGM of the Owners Management Company for Kilcarberry will be held in person (and not online).

REPORT:

Under the Multi-Unit Developments Act 2011 (MUD Act), an Owner Management Company (OMC) is an independent legal entity responsible for the management of multi-unit developments. Section 17 of the MUD Act requires the directors of the OMC to convene an Annual General Meeting (AGM) each year, but does not prescribe whether this meeting must be held physically or virtually. The format of the AGM is determined by the OMC’s board of directors, subject to compliance with the OMC's constitution. 

Under the Companies Act 2014, as amended by the Companies (Miscellaneous Provisions) (Covid-19) Act 2020, companies, including OMCs, are permitted to hold AGMs virtually, in person, or as hybrid meetings, provided this aligns with the OMC's constitution. Under the Companies (Corporate Governance and Enforcement and Regulatory Provisions) Act 2024 (enacted 03.12.2024), virtual general meetings are now on a permanent statutory footing. This legislation provides that, "save to the extent that the company’s constitution provides otherwise, a company need not hold a general meeting at a physical venue but may conduct the meeting wholly or partly by the use of electronic communications technology as long as all attendees have a reasonable opportunity to participate in the meeting in accordance with this section".

While the council is a significant member of the Kilcarbery OMC, with voting rights proportional to its unit ownership, we cannot compel or insist that the AGM be held in person. Such a directive would exceed the council's authority as a member. The ultimate decision on the AGM format rests with the OMC's board of directors, as set out in company law and the Kilcarbery Grange OMC constitution.

Members of the council's housing and estate management teams attend the AGM annually, and can bring any tenant issues or concerns to this forum.