A right of a majority of the managing directors to force through changes?

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

    A right of a majority of the managing directors to force through changes?

    Background - A small block of Flats owned as shares in a Ltd Company by its occupants.
    Can a majority vote in the management force the company and all occupants to abide by their new land management plan?
    A plan that will for example govern how vehicles access parts of the land. How plants and trees can and cant be planted.

    Or is the company required to have the permission of all owners in this case?

    Cheers.

    #2
    The only thing that matters is the lease(s) - a majority vote does not change the leases

    If it is a matter of something the lases would not address (what exact color of paint is applied to the walls) that could certainly be decided based on the company setup

    Theoretical questions are less helpful than actual ones

    Comment


      #3
      As said above..... the lease governs everything, if vehicle access is by a certain route and the residents are going over a grassed areas etc then yes they can, and in my opinion they have a duty to the other leaseholders/shareholders to do so, it stops the area becoming scruffy or encouraging the building on communal land.

      Comment


        #4
        AndrewDod,

        OK So the Lease says little on the subject other than 'don't cut trees' and 'care for the garden'. Do they ever contain a land management plan? And given that ours doesn't can one be created in detail without the consent of all share owners? Specifically the proposed plan contains new limiting rules, preventing vehicles using old tracks, as an ideology to reduce impact on the land. Can that be enforced?

        Comment


          #5
          I don't think it has anything to do with land management. It has to do with whether vehicles can park or use the tracks they do use.

          If the lease permits such use (or any use) I don't think you can prevent it. If the lease says you cannot play football in x area, then you cannot. If it says the area is for common use, you would be hard pressed to prevent football playing by kids.

          So what will someone not be able to do that the lease did not prohibit before?

          Someone obviously disagrees, else there would not be an issue.

          Comment

          Latest Activity

          Collapse

          • Reply to RTM director service charge arrears
            by fos333
            This is the important question, what are the reasons for non payment?

            Have demands been correctly served including the correct summaries of rights and obligations?

            Are the landlord obligations under the lease being carried out?

            Have service charge end of year accounts...
            17-05-2022, 21:48 PM
          • RTM director service charge arrears
            by ARG
            Hello, I am new here so please excuse me if this question has already been asked, but a search has drawn a blank.

            I am a director of an RTM of a property with 25 flats. I would be very grateful if anyone here can advise whether a resident who is more than six months in arrears with his...
            17-05-2022, 15:38 PM
          • Reply to Neighbour Dispute over Bins
            by vmart
            Is there a restrictive covenant in the title of the commercial-property owner (CPO) giving you and the other lessee a right of way over the land?

            Is the CPO a freeholder or leaseholder of the land?

            With regard to the point related to '20 years' you are referring to adverse...
            17-05-2022, 21:06 PM
          • Neighbour Dispute over Bins
            by Tony-Edwards
            Hello

            I could do with some guidance if anyone has any knowledge on this.

            I have a 100 year old flat that was split from a larger building in 2000 and has a 999 year lease, it is next door to a commercial premises.

            The only way to get to my flat is across their...
            17-05-2022, 14:40 PM
          • Reply to RTM director service charge arrears
            by vmart
            The RTM can make a money claim online but as this enquiry concerns service charges the lessee will have the right to have the service charges determined unless already agreed. Depending upon the lessee's response to the claim, the County Court may refer the claim to the FTT.

            What are the...
            17-05-2022, 20:54 PM
          • Reply to Recurrent leaks from flat upstairs
            by Ldawg
            Thanks for your response.

            All costs are being covered by the management company. So currently I'm not actually losing out so I'm not really sure what I'm claiming for! More just the stress of it all. And the potential loss of earning and making unrentable/saleable as you say. Yes the floor...
            17-05-2022, 20:22 PM
          • Recurrent leaks from flat upstairs
            by Ldawg
            The flat I rent out has suffered from recurrent leaks from upstairs since I purchased it, 4 leaks in 4 years. It's caused me to lose one tenant already. I feel like there is no incentive for the owner upstairs to sort the problem (check the plumbing etc) as the cost is always covered by insurance and...
            24-01-2022, 19:48 PM
          • Lease Extension - Relativity
            by comm1985
            Hoping to get some clarification,

            If a flat (Outside Greater London) with 60 years left is sold for £110,000 and comparable properties with longer leases attain £160,000

            What is the relativity in this case?

            Would it be £110000 less 5.5% (to estimate for no act...
            17-05-2022, 15:12 PM
          • Reply to Lease Extension - Relativity
            by comm1985
            I for one would appreciate a more stable approach in deriving the premium...

            In this instance what would

            1. The sensible premium be?

            A)£32000 (based on the value the actual short lease was just sold for i.e Relativity 65%)
            or
            B)£20,000 (based on graph...
            17-05-2022, 20:19 PM
          • Reply to Recurrent leaks from flat upstairs
            by Hudson01
            Are the management company paying for all the damage via the blocks buildings insurance or is this down to you ? Given how long it has gone on i think you will need to take individual legal action against the landlord of the flat above, what else is there is they have no incentive to fix anything. ...
            17-05-2022, 20:08 PM
          Working...
          X