Analysing the place for OMCs in the Irish housing sector

Here at CIH Ireland we’ve been receiving an increasing amount of feedback from members seeking guidance on issues arising from managing multi-unit developments and their relationships with owners’ management companies (OMC). In response to this we are delighted to announce our upcoming, members only event: Unlock the Essentials of OMC Management in Ireland taking place on 29 April 2025 at Cluid Housing in Dublin. This workshop is designed to equip you with practical insights and tools to navigate these sector challenges. Our speakers on the day are:

• Aisling Keenan, managing director, A.K. Property Services Limited and OMC Consultancy
• Brian Lambe, senior OMC manager, Cluid Housing
• David Rouse, multi-unit developments advisor, The Housing Agency.

Ahead of the event, we wanted to give some background into the existing guidance on the subject by the Data Protection Commission. The report, Data Protection Considerations Relating to Multi-Unit Developments and Owners’ Management Companies, outlines the purpose and restrictions of an OMC. We have gone through the report and have summarised the main points for members to consider in their interactions with OMCs. 

Why do we need OMCs?

Increase in multi-unit developments (MUDs):

There are a growing number of people in Ireland living in apartments or houses in developments with shared spaces and services.

The role of owners’ management companies (OMC):

• Common areas and services in MUDs are usually managed by an OMC, as a non-profit organisation.
• OMCs operate according to the Multi-Unit Developments (MUDs) Act 2011 and the Companies Act 2014.
• An OMC manages relationships between residents (owners and tenants), landlords, property agents and other stakeholders.
• It is involved in tasks like property management, financial oversight and ensuring legal compliance.

Data protection

The guidance addresses common data protection concerns in the interactions between:

• OMCs and their members
• OMCs, members and property management agents
• OMCs and third parties.

Register of members:

• An OMC must keep a register of its members’ names and addresses.
• This register is publicly accessible and can be inspected by members or others for a small fee.
• The register must be updated when members join or leave.
• Use of personal data:
• OMC members can only use personal data from the register for OMC-related matters, like voting or setting house rules.
• Members can’t use this data for personal business or unrelated purposes.

Data minimisation: 

• OMCs should only collect and use the personal data that is necessary for their purposes, avoiding excessive data processing.

Access to data:

• Members are entitled to access the personal data in the register, such as names, addresses and membership dates.
• Data like phone numbers or email addresses may only be accessed if used for official OMC communication.

Data processing, controllers and confidentiality: 

• OMCs may process personal data related to financial matters, such as payment of service charges. This data can be shared with members if it’s necessary and justified by data protection law.
• Personal data, like service charge payment details, should be kept confidential, especially by OMC directors.
• Property management agents acting as data processors for the OMC should be governed by a data processing agreement, following GDPR rules.
• Where the property management agent handles personal data for other purposes, making them a data controller, they must comply with data protection laws.
• In the event of a personal data breach, an OMC must notify the Data Protection Commission (DPC) within 72 hours, and the property agent may help manage this.

Legitimate data sharing:

• Personal data can be shared with legal advisors, debt collectors, or law enforcement if needed for legal purposes.

CCTV: 

• OMCs may install CCTV in common areas for security. They must manage access to footage carefully to respect individuals’ privacy.

OMCs and third parties:

• Tenant information: Under the MUDs Act, unit owners must provide the OMC with details about tenants and other occupants. The OMC uses this data to ensure safety, enforce house rules and manage emergencies.
• Data use: The OMC must ensure personal data is used appropriately for estate management and compliance with legal obligations. This data is different from the members’ register, which is governed by the Companies Act.
• Distinct records: The data about tenants and the members' register are separate and used for different purposes.

Data subjects’ rights:

• GDPR compliance: OMCs must respect the rights of individuals under the GDPR, such as responding to requests for access to personal data.
• Role of property management agents: Agents can assist the OMC in fulfilling these obligations under the terms of a data processing agreement.

Additional guidance

• Further guidance on compliance with company law, property management, and data protection is available from relevant regulatory bodies and websites.

Our event Unlock the Essentials of OMC Management in Ireland is booking up fast and places are limited, so secure your place now.

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