Change Of Use Of Common Area

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    Change Of Use Of Common Area

    I am requiring information on how best to pursue the following matter.

    A 3ft raised wooden flower bed has been constructed around the perimeter of an external common seating area.

    This area is covered by a pagoda who’s stanchions are now incorporated into the soil of the bed.

    Apart from my concerns regarding the affect this will have long term on the deterioration of the stanchions, I have not been consulted about the installation of the flower beds.

    As far as I’m aware the costs have been covered by the Director of the Company (The Landlord) of which I’m a shareholder. The flowers within the beds are the Director’s and are tended to by him.

    Originally the area could be accessed from 3 sides but this has now been reduced to a single opening which is under my lounge window.

    I am wanting to raise the matter at an upcoming AGM but due to the Directors constant use of his own money, and some tenants glad to get something for nothing, I am concerned that he will obtain a majority vote.

    1. Is a majority vote sufficient or due to this area being demised for common use is a unanimous vote required ?

    2. Because service charge funds have not been used can the matter be heard by the LVT/First-tier ?

    3. Or is it possible to obtain an injunction from the County Court ?

    Any advice will be gratefully received.


    This really is a matter for the company to decide on to permit him to do so, at his cost, and with an undertkaing to
    a maintain it at his costs
    b in the even that he does not that he gives the company an undertaking or bond so that the company can reinstate it as was eg knock it down.

    The exception to this is if the lease to your flat includes specific rights to use the garden which are being impinged and if the flower beds layout creates a disturbance to you eg everyone traipsing past your lounge window.

    If at some future stage the pagoda requires upkeep, the lease will specify what obligations you have. If it does not allow for improvements then this new structure is unlikely to be a service charge obligation, even if the company if a majority vote for 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.


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