Changes to communal residential areas.

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    Changes to communal residential areas.

    I am director for a Freehold Management Company - 12 flats each with 1 owner who is a shareholder. Some owners want to take an area of the gardens to create additional parking spaces. Some owners (the minority) object. Can anyone tell me if this would be a majority or unanimity decision? The leases and other documents do not cover this in enough detail.

    #2
    Originally posted by Lawrenceman View Post
    I am director for a Freehold Management Company - 12 flats each with 1 owner who is a shareholder. Some owners want to take an area of the gardens to create additional parking spaces. Some owners (the minority) object. Can anyone tell me if this would be a majority or unanimity decision? The leases and other documents do not cover this in enough detail.
    The lease is a legal contract..no amount of company decisions/majorities can change this. It requires all the leaseholders to agree, it cant be forced upon someone unless it affects security health and safety maybe?

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      #3
      Agree with previous post. No relevance but just curious,nosey do all owners have a parking space ? 2nd car , visitors ?

      Comment


        #4
        2 bedroom flat owners can easily have three cars these days!

        And none of them will fit in a traditional garage.

        Comment


          #5
          If the lease says that the area is for communal use as a garden, you need 100% agreement (not one dissenter) and they should ideally all agree to a lease variation (and to jointly pay for that variation) to reflect that. Anything else will end in tears.

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            #6
            Thanks for your replies, very helpful but I didn't think we'd be so restricted and it means that we're unlikely to make any progress on changes to the site.

            Scott22, we have 6 each one and two-bed flats, 12 garages and 7 parking spaces. I can push my old SL in my garage for the winter, otherwise, they're all full of owners' and tenants possessions. At the last count, there were 17 cars/vans in the car park and in the road/on the pavement.

            Thanks again.

            Comment


              #7
              You have 19 parking spaces for 12 flats.
              12 garages and 7 in the open, and that is reasonable for the number of flats.

              The problem is that the garages are not being used by the owners, irrespective of the "tightness" of the insertion of a car into the garage.
              Your first reaction should be, that if there is a shortage of parking for the excess number of cars over which the property was designed for, then first, you must instruct ( nicely ) that it may be irresponsible for people with car to fill their garage so that no car can be parked in there.
              That is your number one priority.

              2 nd, If the lease states that the garden is for common use ( by means of leaseholder enjoyment on foot, standing / sitting ) then you cannot deprive leaseholders of that right, therefore the objectors will use that to prevent you stealing the garden for cars.

              3rd.
              As the garages are not being used, nor are big enough to fit a car in, and everyone parks outside, then demolish the garages for that extra parking. But the garages may be "demised" to the leaseholders, and if so, you can't touch them. And leaseholders won't want to lose their rubbish storage.

              ____

              Another objection which I have used, is, Why should I pay to have someone else fill up the newly built drive extension. ( i am home all day, and my car would never use the new extension ) and by people who do not own the flat and are just sub-tenants.

              But you know the layout and lease demised areas better than anyone on here.
              You have a difficult task ahead of you.

              Comment

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