Are rulings made by Residents Management Company legal/binding?

[atl1433]

I have lived in a block of 10 flats for 10 years,

there is a residents management company of which I am a director along with the other 9 owners.

 

 

I have just been told that at an AGM 11 years ago it was agreed (documented in the minutes) that parking is restricted to certain times of the day in a specific place and that as I parked there at night I must not do it again.

 

 

There is nothing in the lease about parking anywhere at any time

but my concern really is that I didn't know that I would have to abide by some majority decision made 11 years ago of which I knew nothing, also there could potentially be more decisions made that I know nothing of and don’t agree with.

 

 

I understood that I had to abide by the lease which was discussed by the Solicitor, and I was not presented with any minutes of meetings when I purchased the flat.

 

 

My questions are:

do I have to abide by decisions, made by previous owners, of which there is no mention in the lease?

and also, can they just make rulings by taking a vote, and we all have to abide by the majority decision

– is that legally binding to each of us?

 

 

I am concerned that I am being bullied to suit the needs of the Company Secretary.

[gretschfishing]

I would say that after 11 years of no one complaining directly to you then custom and practice would take precedence.

 

if there is nothing in the lease then there is nothing to enforce.

I do not believe these people can make arbitrary decisions and then they become legal and binding,

they can only deal with issues in the lease and even then they are extremely difficult to enforce through the courts as the homeowner needs to take you to court and prove that the issue is adversely impacting their enjoyment/value of their home.

[BankFodder]

I can't imagine that this kind of restriction agreed in the kind of meeting that you are talking about is at all binding. He would have to have been contained in the lease and you would have had to agree to it when you bought the lease – or else the lease would have to be varied and you would have to consent to that as well.

[atl1433]

Thanks for the replies. I was advised to ask him to provide a Solicitors letter confirming that these previous 'decisions/rules' are legally binding as it was thought that they aren't.

 

In another set of minutes dated 2007 the Company Secretary stated that,

in relation to parking issues,

he had consulted a Solicitor who advised that

'the management company shall make the rules in these matters, and can be implemented with a majority vote'

- Does anyone know if this is true?

Edited December 10, 2016 by honeybee13
Spacing.

[steampowered]

In another set of minutes dated 2007 the Company Secretary stated that,

in relation to parking issues,

he had consulted a Solicitor who advised that

'the management company shall make the rules in these matters, and can be implemented with a majority vote'

- Does anyone know if this is true?

 

It depends what the lease says. What does the lease say about rules and regulations relating to the estate generally, or relating to parking?

[atl1433]

I have just read the underlease again and I can't see any mention of how the management company can make rules or regulations. The Lease sets out many rules in the 'First, Second, Third and Fourth Schedule' such as not playing music loudly, paying service charge, not displaying notices in your window etc, but there is no mention of parking spaces except for a hand drawn diagram showing the building and 5 parking spaces.

[steampowered]

If there is nothing in the lease which allows the RMC to make parking regulations, I am struggling to understand how they can enforce that.

 

I suppose you have a lease over your property and not a lease over the car parking space. If the RMC owns the space, and there is nothing in your lease which entitles you to use of the parking spaces, they might be able to restrict how it is used.

[atl1433]

Thanks for your reply steampowered, I'll press on and ask them for proof that this is legally binding.

[Homer67]

Out of curiosity - what are they intending to do to enforce this parking rule?

[atl1433]

Hi Homer67, we haven't got that far yet we are at the stage of sending me a note saying Do Not Park here again. It is actually an area at the rear of the property by the back door which the company secretary says is for emergency use but only at night and not in the daytime when he parks his car there for an hour at a time - he says anyone can park there in the day for a short period but not at night!?

When I replied to his note I stated that I was not blocking the exit in any way and did emergencies only happen at night and not when he was parked. I also queried why there were no signs stating that it was an emergency exit and that in my 10 years the ambulance had parked the front door many times but never to the back door.

My main concern is that this guy thinks he owns the whole block of flats and can make rules as he pleases, so I wanted to check the legality of what he is doing. He has bullied/fallen out with 3 different residents that I know of but they have since left the properties.

Since I sent him a note asking for confirmation in the form of a Solicitors letter that these decisions were legally binding and enforceable, he has requested a face to face meeting to sort out 'our differences' with the Treasurer as the impartial witness - not sure whether I'll go or just ask for the Solicitors letter again.