Lease Clauses Misinterpretated by the Committee 

Item 1 regarding Inspection of the Accounts:  Clause 3.6 of the Lease

The Lessor or the Lessor’s Agents employed for the management of the scheme shall keep proper accounts of the Service Charge and the Lessee shall be entitled from time to time to visit the Office of the Lessor or of such agents (if Agents are so employed) upon first giving reasonable prior notice of intention and inspect such accounts and satisfy himself from the information supplied as to the due amount of the Service Charge and the Lessee shall be entitled (if not satisfied as the result of such inspection) to have such accounts audited by an independent and qualified auditor. 

  • Under Clause 3.6 of the Lease above, and Clause 50 & 54 of the Memorandum of Association in reference to inspection of the accounts, it does not state that any prior conditions should be set to enable the inspection to take place, nor does it state that members of the committee could or should be present at that inspection. 

  • It would appear that the actual regulations set out in the Lease and Memorandum of Association have been misinterpretated either by ignorance or design to suit circumstances.

*

Item 2 regarding Parking Spaces:  Clause 1 of the Lease – The first Schedule under ‘Rights included for the Lessee’

The right in common with the Lessor and the Lessees of all other Dwellings in the Scheme and all others having the like right to use in common with the owners and occupiers of all other Dwellings and their visitors the car parking spaces (other than those situated in front of garages and subject to availability of space)......  

  • This clause appears to have been misinterpretated at the AGM 2017 when the Managing Agent stated quote No one was allocated a car parking spot at the Sycamores”.  Common sense would dictate that a parking space in front of a garage would be the owner's parking space..

*

Item 3 regarding the keeping of Pets and Washing Lines:  THE FOURTH SCHEDULE in the Lease – Regulations as to use of the Dwelling and facilities within the Scheme.

Item No.1:  Not to keep pets in the Dwelling except with prior written consent of the Lessor which consent is not to be unreasonably withheld ......

  • Clarification is needed if in fact any resident on the estate who keeps a pet either on a permanent  or temporary basis has ever been given written consent by the committee, this includes committee members.

Item No.7:  Not to hang or allow to be hung any clothes or other articles on the outside of the Dwelling (otherwise than in the garden (if any) provided).

  • This clause has been misinterpretated due to ignorance or design by the director and committee in relation to washing lines.   Nowhere in this clause does it state that a washing line or post cannot be put up as long as it is not fixed to the dwelling itself, nor does it actually mention whether placing a washing line in a ‘communal spaces’ is allowed or not and has been interpretated by the committee incorrectly to suit their own agenda.

Back to the top of page

 

May 11, 2020

Copyright  L Sherwood,  All Rights Reserved, 2017-2020