Communal “garden grab”?

Communal “garden grab”?

15:42 PM, 15th March 2021, About 9 months ago 17

Text Size

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

by Puzzler

7:48 AM, 18th March 2021, About 9 months ago

It is possible that the freeholder and Man Co are one and the same. Either way it seems the lease would have to be altered which requires unanimous agreement from all leaseholders or substantial majority and application to the FTT.

Please clarify the structure - is the RMC and freehold owned by the leaseholders or is the freeholder a third party?

by Puzzler

9:53 AM, 18th March 2021, About 9 months ago

They would also have to get planning permission so look on your council website to see if anything has been lodged

by

14:28 PM, 18th March 2021, About 9 months ago

Reply to the comment left by Darren Peters at 16/03/2021 - 10:19
Hi Darren

Yes, use of communal areas is within the lease as well as the original site plans submitted at the planning stage.

Thank you

by

14:30 PM, 18th March 2021, About 9 months ago

Reply to the comment left by Dylan Morris at 16/03/2021 - 10:55
Hi Dylan

I hope it's not us. No idea if this is something that can be paid for / recovered by way of the annual maintenance charge.

Thanks

by

14:33 PM, 18th March 2021, About 9 months ago

Reply to the comment left by Puzzler at 18/03/2021 - 07:48
Hi Puzzler

The freeholder is a third party, who (having Googled them) apparently seems to have very high fees for absolutely everything.

The RMC itself consists purely of leaseholders (both at the director and member level).

Thanks

by Puzzler

12:03 PM, 19th March 2021, About 9 months ago

So I am guessing it is a RTM not a RMC?

The directors can't make that decision without the agreement of the freeholder and the vast majority of the leaseholders (how many properties are there?) since it would require alteration of the leases. They are ultra vires to even be considering it.

When did you last have a meeting? I would ask your source for more information.

by BernieWales

15:15 PM, 22nd March 2021, About 9 months ago

Whether the directors are running a RTM of RMC ... what they can spend money on via service charges will be detailed in the leases. That is more than likely "maintenance" of the garden areas and not "development" or providing additional parking spaces on land which does not belong to the RTMCo or RMC. Thus, unless they're going to pay for it personally, they would be misappropriating service charge funds.

Let's hope they've got D&O insurance!


Leave Comments

Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications.

Forgotten your password?

BECOME A MEMBER