Residents Association changing lease terms?

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    Residents Association changing lease terms?

    Hi apologies if this is similar to the one below about pets but I couldn't quite see the answer to my similar question:

    My flat is one of 15 leasehold flats of which we are all also joint freeholders with shared gardens, run by a residents association of which we are all directors. The lease says nothing about pets either allowing or prohibiting.

    My tenants of 4 years have had a cat which has recently died and they wish to get another HOWEVER I have just received a note from the managing agents that the Residents Association have decided to not grant any future pet admissions to any flat. I was not party to any such meetings and did not make the last AGM but not seen any minutes stating this either.

    Can they do this without changing the lease? If I were to allow my tenants to get another pet what enforcement action could the RA make? There is also no definition of 'pet' whether dog/cat/bird/hamster etc.

    This seems a but unfair as each flat has it's own entrance door direct to the outside and gardens. I could maybe understand no dogs to protect the gardens but I see no justification in banning cats and other smaller pets.

    Many thanks

    Rob

    #2
    The answers are in the other thread, or rather than questions you need to ask about the lease to know what the answers is are in that thread.

    Without seeing your lease, we can only say "maybe".

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      #3
      I've just re-read the thread and I still can't see a definitive answer however in my limited experience the management company cannot impose any such rules that can be legally challenged without changing the lease. If my tenants bought another cat and the company took legal action to remove it then I can't see how any court would support this?

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        #4
        There is no definitive answer in the other thread - because the person who started that thread did not provide enough information.

        You have said that your lease says nothing about pets, so in your case important questions will be:
        1. "Does the lease contain anything that would allow new regulations to be made?" (and if so, what is the wording?).
        2."Does the 'residents association have the authority to make rules?"

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          #5
          They can do so if the lease allows them to set regulations and if there is nothing in a part of the lease that cannot be changed in this way that implies permission.

          Basically some leases have a clause allowing the management to make regulations, and may have some initial regulations in the lease itself.

          In the other thread, we failed to establish whether there was such a thread, and whether the conditional permission for pets was in an initial regulation, or in a fixed part of the lease.

          In your case, we know there there is nothing in the fixed part of the lease (which I find very strange) about pets, but we don't know whether the management can make regulations, whether the residents' association is really the management, and if not whether the lease allows a residents' association to make regulations. If they can make regulations, they will have the power to ban new pets.

          Note that it can be difficult to manage flats without imposing regulations, even if the lease doesn't provide for them, so you should think twice about ignoring the democratic decisions.

          Also note that even residents' associations work like representative democracies, not every decision has to be made by referendum.

          Comment


            #6
            OK thanks for the clarification - I've just checked lease again and the Residents Association is specified as party to the lease but that is all - no mention of regulations. I think that pets are not mentioned in the lease because the flats are not together in a single building but spread out around the grounds in blocks of four; four flats on first floor and four on ground floor each with own front door. I'm still wondering what prompted the rule as most pets would not really impact the other residents apart from maybe a large or barking dog in which case why not just ban dogs. I'll write to the managing agents in the first instance to find out more.

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