A split has developed among residents of the troubled Clonmannon Retirement Village in Co Wicklow.
The policies of the new owners are to be the subject of High Court proceedings.
Twelve of the remaining 15 residents say they support the policies pursued by the owners, Ms Jane McGrath, and her husband, Mr Roddy McGrath. But three residents and three former residents say these policies breach their original contracts and remove much of the benefit of living at Clonmannon.
Ms McGrath has said it is open to those residents who do not agree with her policies to sell and move out. Almost all residents are in their 80s or 90s.
Meanwhile, Wicklow County Council has intervened in the long-running dispute over the management of the "village".
The village opened in 1984 and consisted of 46 bungalows for retired people beside Clonmannon House near Ashford in Co Wicklow. It has since gone through receivership and liquidation and has been in the hands of three owners, of whom the most recent are the McGraths. They bought the freehold to Clonmannon in 1996.
Clonmannon House functioned as a social centre for residents and also included a nursing home. The previous owners closed Clonmannon House to the residents at the end of 1993 in an acrimonious dispute over what residents saw as a deterioration in services.
When the McGraths bought the house and village from the liquidator they immediately made it clear they intended to move into Clonmannon House as their principal residence and that they had no immediate intention of reopening the nursing home.
The McGraths' decision to live in Clonmannon - they have not yet moved in - led to a split among residents.
Also contributing to the split was a decision by the McGraths to introduce new care contracts, at a lower service charge, but which dispensed with many of the facilities provided under the original contracts - facilities which the previous owners had ceased to deliver by 1994.
The McGraths say the full range of services provided for under the original contracts would necessitate a service charge of up to £12,000 a year and that the residents could not pay this.
Instead they pay £3,267 (including VAT) for water, sewage and external maintenance. They pay for other services such as lunch, laundry and transport as they use them. In addition, anybody buying a bungalow pays an "entrance fee" of £3,630 (including VAT) while anybody selling a bungalow pays "lessor's costs" of 5 per cent of the sale price plus VAT to the McGraths.
Ms Jane McGrath told The Irish Times these fees contribute to the upkeep of Clonmannon. She says no profit is being made out of the annual service charge.
Her opponents say the annual service charge is excessive, particularly as it fails to cover any of the cost of meeting the nursing or social care needs of residents. Ms McGrath says the lease stipulates that residents who cannot look after themselves cannot stay at Clonmannon.
Six leaseholders - three residents and three former residents who left Clonmannon because of the absence of nursing home care - are to ask the High Court to rule on the validity of the McGraths' plans in the light of the original contracts and of the McGraths' desire to move into Clonmannon House, leaving a basement area for a residents' social centre and restaurant.
Those who oppose the McGraths' actions are backed by Father Arthur O'Neill, a former curate in Ashford, now in Westland Row parish in Dublin. They are also backed by Mr David Furlong, son of resident Mr Liam Furlong.
Twelve residents have signed a statement supporting the McGraths. These residents say they oppose the idea of reinstating the old contracts, and that "before the McGraths purchased Clonmannon we were in despair. We now have hope and a chance of a peaceful and happy future in our declining years."
It is clear that the continuing dispute over Clonmannon has made it more difficult to sell bungalows in the retirement village.
Almost two years ago, the McGraths stated in a letter to resident Ms Martha Honiball - who is involved in the court case against them - that "nine people already have entered negotiations to purchase and are looking forward to a happy and peaceful life in the new Clonmannon".
In fact, no new residents have come to Clonmannon. Only 15 of the 46 bungalows at the development are occupied, though Ms McGrath says she is confident significant numbers will buy leaseholds this year. Auctioneers Hassett & Fitzsimons have listed the service charge as one of the factors putting off potential buyers.
Recent developments include: A list of units at Clonmannon put on the market through auctioneers McNally Handy last October included one belonging to Mrs Kathleen Foley, a former resident who left Clonmannon because her nursing needs could no longer be met there due to the absence of a nursing home.
After receiving a protest on her behalf from her daughter Ms Aideen Foley, who said her mother had never given instructions for the sale of the bungalow, McNally Handy apologised, saying the unit had been on a list provided by Clonmannon Estate. Ms Jane McGrath says she rang Mrs Foley at her nursing home on a Sunday evening in the previous June and that Mrs Foley said she wanted to sell.
In November Wickow County Council, acting on complaints from resident Mr Liam Furlong, told Ms McGrath to cease carrying out work to change the use of Clonmannon House from a residential nursing home to a private residence.
Ms McGrath says she is in contact with Wicklow County Council about this and has fully co-operated with the council since she took over in 1996. She says she is confident of obtaining permission to retain the changes. A previous owner was evicted by court order when he moved into Clonmannon House.