who is the residents association

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    who is the residents association

    I own a freehold property on a private estate which comprises of a mix of freehold houses and lease hold flats (total of 79 properties).
    I posed some questions to the managing agents which went unanswered.

    One of the questions was that the recently appointed parking control company have not been seen on site (the estate is close to Twickenham Rugby stadium) and there are parking issues on match days.
    About a week later I received a penalty charge notice on my vehicle which was parked legitimately and displaying the correct permit !! (coincidence?)
    The parking company refused my appeal and failed to provide a reference number that is required for me to take the matter to adjudication. I am in the process of dealing with this matter.

    Another question I asked was details of expenditure in relation to common areas, in particular if costs for electricity and window cleaning of the common areas within the flats were taking from the service charge for the whole estate. This question has not been answered.
    I then asked if there was a residents association and eventually got a response that this information was available from company house.

    My understanding of the estate is that all properties have a nominal share holding, a share certificate, valued £5 was part of the conveyancing requirements.
    There are freehold properties and leasehold properties owned by a different company to the managing agents.
    I have become very very frustrated by the MA's and would like to know the following:-

    1/ How do I determine if there is a residents association.The MA advice was to look on company house website, I did this and found an address for the residents association director in South London. A letter to that address directed me back to the managing agents for answers (magic roundabout!!)
    Is this person the director of the shareholders or the residents association?
    2/ How do I start a residents association if there is none.
    3/ Who would have appointed the managing agents.
    4/ What is the process of replacing the managing agents.
    5/ Does the leasehold company have any 'clout', they own most of the estate property.
    6/ Are there any legal requirements for the managing agents to answer general estate related questions.

    Looking forward to some help here.

    #2
    When you purchased your property was no mention made by the solicitor acting for you or the other side of a residents association?

    Associations do not have to hold an AGM but the managing agents I suspect know more than they are telling you.

    The managing agents would have been instructed by the association or maybe even the builder of the development.

    To replace the managing agents you will need to take a vote of the contributors/other freeholders and leaseholders and vote the MA out. Canvass the estate and get others' experiences and opinions.

    It would be good practice for the MA to answer your questions - you need to upgrade yourself to 'pest/won't go away' status and go higher up the chain. There is a National Association of Residents Associations or similar - check it out online.

    You say you own your property freehold but you must have a leasehold agreement with someone over the parking at least - this will be in your purchase details. Go over them or contact the solicitor who acted for you to find out.

    Additionally check out the site at www.landregistry.co.uk to see who the registered owners actually are - a search will cost between £3- £25 depending on what is available.



    Freedom at the point of zero............

    Comment


      #3
      Many thanks Interlaken, The information I was given at the time of purchase was that there is a residents association. I bought the property in 2006 but it is only now that I have had reason to question things. On the whole the estate is well run, my gripe is that the managing agents won't answer what I consider reasonable questions.
      I have gone to the top...emailing the chairman, CEO and director of the managing agents but haven't really got anywhere except antagonise the dedicated estate manager(Whom I haven't met). They are one of the biggest national estate management companies so likely see me as a 'gnat'.
      I'll check out the national association of residents Associations to see what that turns up, thanks.
      I'm planning to canvas other residents in the near future.
      Unfortunately regarding the parking, I cannot find anything relating to this other than I received 2 x garage parking permits on moving in. The parking enforcement company was replaced last year, I was reissued with 2 x garage permits (after arguing that I required 2 not one as was supplied at that time) but the terms of conditions of the new parking company differ to the previous enforcement company in that the garage parking area is not mentioned as a legitimate parking area.
      I'm in the process of contacting my conveyancing solicitor.
      I'll also check out landregistry.co.uk and see what that turns up.
      The thing that annoys me is that this is all going to cost me money that I don't think I should have to pay.
      I'll keep you informed of progress.
      Once again, thanks

      Comment


        #4
        If you read my sticky on buying a home and explaining leasehold ownership structures.

        In these cases there is usually a freehold company of which the houses and flat owners are members or shareholders, elect a board of directors, and appoint agents.

        At this point you will stop using the terms RA as you will know that it is a management company with a managing agent….no they are not the same thing.....

        If you refer back to the purchase papers it will detail who that company is from your deeds and their explanation. If this is the company that you have identified then its is matter of getting the articles to set about taking control of the company if the director is not a home owner, or if they are unresponsive to remover them and appoint owners who will hold the agents to account.

        national association of residents Association... er no such thing.

        If you check each parking management company are members of a national body who will intervene if the company fails to follow procedure and issue you with the info to appeal.

        The reason that you are being ignored is quite simple, the way in which you are asking about this and flailing around with vague ideas is that they are laughing at you for the statements guesses and assumptions that you are making. Once you read the sticky and check your own title deeds, then you will be able to take action.

        Moreover if you have garage permits does that cover parking where your were ticketed?
        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
          Thanks Leaseholdanswers, Yep I get it that they are laughing at me. I'm just a lay person trying to understand 'procedure'.
          I received an email response from the managing agents today, they are backing down from some threats made to me about the parking.

          Yes the garage permits did cover the area that I was parked. I have also just received notice (from the MA) that the penalty charge notice has been cancelled....!!!! amazing. (I had contacted the BPA and my local MP).
          Can I be bothered to pursue for compensation....just to be a thorn in the parking companies side.... YEP.

          I'll read your info on leasehold ownership structures, thanks.... I'm starting to learn things I didn't think I'd need to know.
          I,m in the process of getting the title deeds.
          Thanks again.

          Comment

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