Changes to communal residential areas.

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    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?

    Comment


      #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.

          Comment


            #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

              Latest Activity

              Collapse

              • Bullying from a joint freeholder
                by goodgirlLondon
                Hey, I would really like some advice about this as I am a female who lives alone and I am getting worried. The couple who I share the freehold with (just 2 flats in the house), dont get along and we have had problems agreeing over maintenance. I avoid them as much as possible but a neighbour told me...
                23-11-2021, 17:13 PM
              • Reply to Bullying from a joint freeholder
                by Stew
                That seems like a great idea letting out a spare room. Make sure its someone who would not feel intimidated. Also agree with Xmas cards every bit helps. Also tell all contractors not to engage with them at all and ignore them....
                26-11-2021, 15:05 PM
              • Reply to Bullying from a joint freeholder
                by goodgirlLondon
                Hey, I have thought about renting but I love my flat and had expensive new kitchen put in. Not sure I would be happy if tenants damaged. Also, I think that my mortgage restricts letting out my flat. I love the area and was happy until the couple took over the joint freehold. I might get a tenant to...
                26-11-2021, 10:31 AM
              • Reply to Service charge arrears
                by lampshade
                Yes of course I do not need to know any details other than the current situation. So I will ask and see if I get a reply....
                26-11-2021, 10:02 AM
              • Service charge arrears
                by lampshade
                If I asked the managing agents for a situation report regarding overall arrears of service charge, are they duty bound to let me know. not by flat,of course, but as a % of total invoiced, with info regarding length of arrears?
                26-11-2021, 07:54 AM
              • Reply to Service charge arrears
                by eagle2
                There is no reason why you cannot request and no reason why the managing agent cannot supply general information regarding the level of service charge arrears. It would only become an issue if any personal information was supplied or could be identified,
                26-11-2021, 09:24 AM
              • Reply to Service charge arrears
                by lampshade
                OK....no i am not one of those........ but seems odd then that the managing agent was very quick to tell all leaseholders in writing that a certain % of leaseholders had paid in advance of a large section 20, by way of coercion to those who had not paid.
                26-11-2021, 08:39 AM
              • Reply to Service charge arrears
                by Section20z
                Only if you're the freeholder or employer (RMC etc), not if you are just a flat owner...
                26-11-2021, 08:10 AM
              • Reply to Bullying from a joint freeholder
                by Stew
                Have you thought about renting the place and just giving the old neighbour an email address for communication with an auto response saying I only pick up email from this account once a month. Not ideal but another option.
                25-11-2021, 22:45 PM
              • Access to my garden for upstairs neighbour's loft conversion
                by sampsam
                Would appreciate any thoughts or advice from the forum on this matter.

                I own the garden flat in block of 4, share of freehold equally split. Top floor neighbour wants to do loft conversion and build an extra floor on closet wing (roof terrace belongs to freehold).

                I am not...
                19-11-2021, 01:16 AM
              Working...
              X