How legal are Company Resolutions

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    How legal are Company Resolutions

    How legal are Company Resolutions ?

    A typical problem in most flats :-

    The freeholder owns the driveway. Residents are often unable to park as
    visitors to other flats park in their place.

    The "Company" who is the freeholder, and the owners who all have a share in
    the freehold, have a meeting and unanimously agree that visitors park outside.

    Therefore, the freeholder has the right to prevent, move on, or repremand lease
    owner for failing to observe the "Companies Rules" / freeholders rules.

    With me so far ?

    But, many on here say that if it's not in the lease, you can't do it.
    Meaning if it does not say visitors park outside, 500 cars can decend on the
    carpark.
    But the "Company" have a rule that visitors park outside.

    So question is :-

    Can we get cars moved (via evil stare, or whatever ) because it's in the Rules
    of the Company, and reprimand the offending leaseholder, because the
    freeholders Resolutions have been breached.

    forget what it may say about not obstucting other leasholders in the lease,
    It's just the legality of a resolution.

    R.a.M.

    #2
    You can't use a resolution to take away a right granted under the lease. That said, some leases provide for the landlord to make "further regulations". If yours does you might get away with it.

    Comment


      #3
      Originally posted by Tulula View Post
      1) You can't use a resolution to take away a right granted under the lease.
      2)provide for the landlord to make "further regulations". If yours does you might get away with it.
      Thank you for your answer.
      And, not arguing, just thinking ( I know that is dangerous ! - thinking)

      ( info on 1 + 2 - below )

      ( A )
      If a "Company" cannot protect it's self from unwanted visitors, then there is no
      need to have a company that can do nothing to protect it's property.
      If I work somewhere, and am bound by the companies policies, and told not to
      park my car in the directors spot, but their lease says nothing about who can
      park where, I can park in his spot, because I am not a leaseholder, or party to
      any contract the Company has with the freeholder.
      Or even a total stranger parking on private ground, in the Directors spot.

      But just try and park in his spot and you will be sacked, and forcibly removed,
      and banned from trespassing. even a total stranger will be asked to leave !
      So why can't a freeholder do the same, as both
      are "Limited Companies", with the power to make policy / local rules.

      1) Nothing is being taken away by a resolution, as visitors have no rights to park
      on private land, although lessess may let someone , with their permision, park in
      a leaseholders spot, but they are still a visitor, banned by the freeholder, and all
      shareholders.

      2) "further regulations".
      Ours states : -
      The lessor reserves the right to make such rules and regulations from time to time
      by way of variation or of substitution of any of them, deemed needful for
      care / comfort / safety etc etc
      and such rules or regulations when made shall be binding on the Lessee as if the
      same had been inorporated in this Schedule.

      So number 2 states the lessor can make rules about almost anything ( legitimate )
      and it then forms part of the lease. -- correct ?

      But my argument still stands at (A) for those that do not have covernant shown at (2)

      R.a.M.

      Comment


        #4
        Your "thinking" has got you back in the territory of hieronymus bosch
        To expand on what Tulula has said;

        The company can do anything that it's articles permit, limited by
        a: legality ( as you say)
        b: any existing contracts

        In relation to the land, it can decide to say "no parking" and under the lease the company can resolve to issue a regulation saying "don't park".

        But while it might pass the resolution for the best of reasons it cannot do so AND enforce it, if
        a: existing leases grant or
        b: a right has been acquired over time
        to pass over the areas or park there.

        This is not because of what is right wrong or desired, it is because the resolution conflicts with an existing right or obligation which the beneficiary must give up or waive.
        Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

        Comment


          #5
          Originally posted by leaseholdanswers View Post

          This is not because of what is right wrong or desired, it is because the
          resolution conflicts with an existing right or obligation which the beneficiary
          must give up or waive.
          So, the bottom line is :-

          visitors, / work men etc can decend onto the carpark, and we cannot stop
          them, when all the freeholders, all the shareholders, all the residents,
          all the leaseholders all the sub tenants want visitors to park outside.

          It's a poor do when the company, the lessess, lessor, freeholder WANT it,
          you are saying they cannot have it ?
          It is a reasonable request. I see no reason ( in my own way ) why 5, 6, 7, 8 etc
          cant stand at the drive entrance and say, this is private property, you are
          a visitor, and we have decided that visitors park outside.

          As that is what we will have to do, as no one wants visitors parking inside.
          It's OUR land, we are the freeholders, all of us.

          R.a.M

          Comment


            #6
            Originally posted by ram View Post
            So, the bottom line is
            Not at all the quote is out of context- it explains that whatever you decide to do, your existing contracts might prevent it.

            If you wish to restrict flyparking anyone with a right over the area might agree to change their rights if they agree with you that is to everyone's benefit.
            Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

            Comment


              #7
              Why not install a gate or barrier?

              Why not install lockable posts in each space and create a builder's space that residents can rent a key for?

              Put some oak tubs in the no mans land with some shrubs to stop parking?

              Create extra spaces to rent to renters or 2nd cars?

              All of which you can do, unless your leases grant a right that prevent it
              Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

              Comment


                #8
                Originally posted by leaseholdanswers View Post
                Why not install a gate lockable posts etc.
                Thanks again.
                as said many times, the others wont spend on anything, and I can't go to
                the LVT on such a trivial matter of insisting they all pay for posts etc, which
                are "improvements", as I will be shown the door.

                R.a.M.

                Comment


                  #9
                  Well then they suffer the consequences of losing their space to a fly parker.

                  If you have the time and energy and buy the barrels from a timber reclaimer, build beds, and top soil and plants at "no cost" ( you use the fees you bring in from notices solicitors fees etc) to the residents.

                  You can secure your space, other might then do the same.

                  You can also issue home made permits to flat owners in tax disc holders and a supply of visitor badges, and introduce ticketing to non residents where as long as signs are up you can fine offenders by issuing a ticket. It might be worth pursuing the persistent offenders in court.

                  But if people want to moan then they have to be prepared to pay to resolve it.
                  Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

                  Comment

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