Why won't they close? Is the developer not fulfilling certain obligations, e.g. insuring common areas etc? If they are advising against closing, then I would ask them why exactly (I'm not assuming they are wrong-but they may be refusing on a point you are happy to concede).
Don't forget Ccovich, if the OP is buying with the help of a mortgage, their solicitor has to satisfy both the OP and their banks expectations of good title. But I agree there really isn't enough information here to debate the matter.
He wont close as he reckons that as the developer still owns the common areas, that in the worst case scenario they could build more apartments/houses & if we were to sell down the line (if we ignored it & went ahead) then this issue could rear it's head again. That's as much info as I know I'm afraid
Good title is normally defined as a title of a quality commensurate with prudent standards of current conveyancing practice in Ireland. As I said above only the OPs solicitor is in possession of enough relevant facts to make an informed decision on whether the fact that the common areas have not been ( yet ) transferred to the management company is a problem.