I have a freehold property in an estate of apartments & houses. I am required to pay a maintenance charge for grassy amenity area present in the estate. The covenants for management company in summary are:
(1) Keeping the Amenity area clean & tidy and maintaining any floral verges.
(2) Making sure the lamps & illumination in the Amenity area in working order and any gates/security equipment.
(3) Insuring the amenity area against public & third party liabilities.
(4) Pay all taxes with respect to the Amenity areas
The Amenity area is wholly encapsulated by the apartments. House owners only enjoy minimal benefit from the amenity area. There is no need for house owners to use the Amenity areas as they have their own gardens. Apartment owners use the Amenity areas as they don’t have their own gardens.
Shouldn’t the maintenance charges related to the grassy amenity area be calculated as a percentage of use between the houses and apartments (e.g. 80:20). Currently it is charged equally between apartments & houses.
There is nothing in the TP1 which talks about different usage – but what is the law as I don't think it is fair?
(1) Keeping the Amenity area clean & tidy and maintaining any floral verges.
(2) Making sure the lamps & illumination in the Amenity area in working order and any gates/security equipment.
(3) Insuring the amenity area against public & third party liabilities.
(4) Pay all taxes with respect to the Amenity areas
The Amenity area is wholly encapsulated by the apartments. House owners only enjoy minimal benefit from the amenity area. There is no need for house owners to use the Amenity areas as they have their own gardens. Apartment owners use the Amenity areas as they don’t have their own gardens.
Shouldn’t the maintenance charges related to the grassy amenity area be calculated as a percentage of use between the houses and apartments (e.g. 80:20). Currently it is charged equally between apartments & houses.
There is nothing in the TP1 which talks about different usage – but what is the law as I don't think it is fair?
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