Communal “garden grab”?

by Readers Question

15:42 PM, 15th March 2021
About 2 months ago

Communal “garden grab”?

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Communal “garden grab”?

Like many leaseholders up and down the land, the development I live in has a few parking issues (albeit manageable ones). These are caused by leaseholders owning more than X vehicles (contrary to the terms of the lease), and is a bit more of an issue currently due to the increase in people working from home.

As such, the Directors of the Management Company have decided they would like to remove approx. 40% of the communal gardens to facilitate an additional 6 car parking spaces.

To date, there has been no communication to any leaseholders of this intention. Indeed, I only found out verbally from a Director on my way out of the property.

Obviously, being leasehold, the Management Company does not even own the communal land (they are retained parts, as defined in the lease).

This potential “garden grab” is further complicated by the fact the development is in a conversation area.

I would hope the Directors have absolutely no right to do this, but would welcome opinion.

Many thanks

Louise

Comments

Harry Chunk

9:14 AM, 16th March 2021
About 2 months ago

Well of course, there is always a plus side. If they turn all the communal gardens into parking your communal charges will go down because you won't have to pay for cutting of the grass and planting of daffodils. On top of that your visitors will have somewhere to park when they come to see you.

Dylan Morris

9:20 AM, 16th March 2021
About 2 months ago

As you say the Reserved Area (ie.communal area and gardens) is owned by the freeholder not the management company. Any alteration would need permission from the freeholder so have a conversation with the freeholder and see what their intentions are.

Paul Shears

9:20 AM, 16th March 2021
About 2 months ago

Reply to the comment left by Harry Chunk at 16/03/2021 - 09:14
Obviously some people just need more transport than others in order to survive.

Lindsay Keith

9:33 AM, 16th March 2021
About 2 months ago

Might it just fall flat at the Planning stage as it is within a Conservation Area?

Darren Peters

10:19 AM, 16th March 2021
About 2 months ago

What exactly does your Lease state about the communal gardens? Ie do you have the right to use communal gardens?

If there is a specific right given to you in your Lease it can't be taken from you by the Freeholder or is agent or a vote of the other Leaseholders without your permission. As an analogy, the other Leaseholders and Freeholder can't gang up on you and take away the 2nd bedroom of your two bed flat because it suits their convenience.

So is there any right to the gardens in that Lease that would be removed by what they planned to do?

I'm not a lawyer, just my opinion

Smartermind

10:42 AM, 16th March 2021
About 2 months ago

Reply to the comment left by Harry Chunk at 16/03/2021 - 09:14
It is unlikely that communal charges will go down... the extra parking will need to be maintained. Extra parking spaces will just mean more cars per family. More pollution and when the residents want to sunbathe in the communal gardens, they will be jostling each other. There is no upside from this garden land grab.

Dylan Morris

10:55 AM, 16th March 2021
About 2 months ago

Who would pay for the cost of installing the extra parking spaces. Not going to be cheap with digging out, skip hire, roadstone base and tarmac etc. Why would the freeholder want to fork out the money for no return. All sounds like a non starter to me.

Paul Shears

10:58 AM, 16th March 2021
About 2 months ago

Reply to the comment left by Dylan Morris at 16/03/2021 - 10:55
There are cheaper ways of creating car parking than the conventional ones.

Dylan Morris

11:13 AM, 16th March 2021
About 2 months ago

Reply to the comment left by Paul Shears at 16/03/2021 - 10:58
Such as ?

silversurfer2017

11:41 AM, 16th March 2021
About 2 months ago

This potential “garden grab” is further complicated by the fact the development is in a conversation area.
So definitely a talking point!

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