chrisdicko

iTrader: (21)

I own a flat, and there are 8 owners. We each pay our monthly maintenance fee's etc, and last week everyone had a meeting which I missed.

The bloke next door just came round and told me the main points....

One of the main ones was to paint all the buildings external windows, and we'd all chip in equal shares.

Now, this is where I don't agree.....
Me and the guy next door have the Penthouse's (top, 1 floor flat really), in which we have two Velux windows which don't need painting, and then one small one in the front room and one in the bedroom....My bedroom one is only a year old, and I painted it myself a while ago.
The front room one is knackered, which I am planning to replace before winter is here, but maybe in the next few months. I will check with the council to see if I can have uPVC.
The guy next door is doing the same, but the 'boss' who sorts everything said we still have to chip in for the painting etc. Even though the other floors have huge bay windows etc, he said it needs to be equal....


Surely this isnt right, as if I do change mine to uPVC they won't need painting. I'm told were going to vote on Saturday, and it is going to be an obvious 6 to 2 in favour of painting.

Is there anything I can say (other than **** off), as we own shares in a LTD Company, which is Hillside Apartments...which are really flats.




Cheers

Ant

tell them to do one. so your bascially paying for nothing.

chrisdicko

iTrader: (21)

Yeah......

I'm just trying to read through my leasehold, but it's all in Olde English, lol.

Timwinner

iTrader: (3)

I think if you are an equal partner in the company then you have an equal responsibility. It would go to a vote if you are out voted then you will have to chip in.
If the repairs are to the outside of the building of an inside communal area then its everyone's responsibility.

It sucks I know but that is how it has worked in previous flats I have lived in.

chrisdicko

iTrader: (21)

Yeah Tim, that's exactly it.....the windows are outside of the building of an inside communal area (the garden).

I think we do have equal shares, but can't see where it is written. Also, I can't see where it says we have to pay equal or part of for things.

As my external window is rotten then, does that mean everyone should pay for it to be replaced?


Thanks a lot

Timwinner

iTrader: (3)

If the window is facing into your flat then its you responsibility, If like above its facing into the communal area then its the LTD companies problem.
Its a pain and I had many many arguments in my time, But as an equal partner you share both bills and if it was to make profit you would share that ( i understand profit is not a concern in this case).

It might be worth clubbing together with the other fella in the same position and at the next AGM forwarding a motion for the two of you to be excused from certain responsibility with regards to the up keep of the building. There might be a chance it gets passed...... fingers crossed.
But in the mean time I think you will have to pay up.
You should also suggest taking on a property manager from outside the company.

chrisdicko

iTrader: (21)

Thanks a lot for the help. Makes more sense really now.

What do you mean about "If the window is facing into your flat then its you responsibility, If like above its facing into the communal area then its the LTD companies problem. "
The window is facing in to my front room, but also in to the garden. As they all do in the front of the house.

ScoobyWon't

It sounds very similar to the 'comunidad' which maintained the apartment block in Tenerife, in which my apartment was situated.

Even though my place was vacant for at least 90% of the year, I was still liable for paying community maintenance fees such as the elevator, cleaners, re-painting of the outside of the building etc.

They did pass some silly laws though, such as all sattelite dishes must be on the inside of the balconies, you weren't allowed to display flags on your balcony, and crime of all crimes, you weren't allowed to drape your towel over the balcony ledge to dry in the sun

chrisdicko

iTrader: (21)

Yeah, there are some crap 'rules' in the agreement as well. Like not being allowed to bang dusty rugs and mats out the windows etc.

We are paying for things like the electric, insurance, gutters etc. I just don't think the windows should be part of everyones problem....

Markus

It sounds very much like the condo thing that is over here. You pay a monthly fee to the condo board and this covers maintenance and such like. Thus if, as in your case, painting needs to be done, it goes to the board and a vote is taken and you all have to chip in, regardless of wether you'll benefit from the paining or not.

It will no doubt be detailed in the agreement signed when you purchased the flat.

This is one of the reasons we decided not to purchase a house that was part of a condo group as it can be a real pain. For example, if you wanted to paint your garage door red, you'd need to go to the condo board and put a proposal in and it would be voted on. If you just went ahead and did it, they could force you to change it. You get all the power mad nutters on a condo board (there's a good episode of Fraiser where he has problems with some mega bitch on the condo board) and so you really need to get on with your neighbours or there could be problems.

chrisdicko

iTrader: (21)

Yeah, to be honest from what I'm now reading from you guys does make sense. The 'boss' who does seem like he thinks he rules the world said about voting.....

Plus, a random thing from the agreement:
(notice lack of punctuation!)
So is that saying I can have a dog only if the Landlord allows me? I guess that would be a majority vote?

Markus

Yes, you are correct. If you want a dog, cat or bird, you need to basically go to the Landlord and put in an official request. At that point I believe a vote will be taken about it.

The apartment we lived in was a condo, and as such there were rules. There were many dogs and some people there disliked dogs, and thus tried to make things difficult. For example, a rule was passed preventing dogs from walking through the courtyard in the middle of the building, so you'd have to walk around the side of the building. A bit of a pain in winter when it's very cold and you want a short-cut.
There was also talk of not allowing dogs over 60 lbs, in other words, you'd have your ****ty little yappy things, but a proper dog, eg; a Lab, would not be allowed (obviously if you lived there then you would be ok due to a grandfathering clause). We dog owners were VERY vocal about this, saying it was unacceptable, as the building had initially been advertised as being pet friendly, whereas other buildings in the area were not.

There are pros to condo rules however. For example, no excessive noise after 11pm. There was one chap on our floor who would have the TV turned up very loud until well after 2am. This happened about twice a week for two weeks and everyone on our floor, and the floor below us, complained about this and he was issued a warning. He ignored this twice and basically was given a final warning which stated that legal action would be taken to have him removed from the building, and yes, he did own the apartment. Funnily enough, he was very quiet after that

chrisdicko

iTrader: (21)

Yeah, it says in the agreement we aren't allowed to play gramophones, piano's etc between 11pm and 6am.

Sounds like I'm going to have to pay then really. But suppose it's swings and roundabouts , as when we get the hall way painted, the bottom flats could say they will only pay a bit as thats all they use. Where as I use the full amount of the hall being on the top floor.


Thanks

gpssti4

iTrader: (6)

So if the guys living on the ground floor declined to pay for the lifts/stairs as they don't use them you'd be happy, or if they said that you should pay for the upkeep on the roof, would you accept this. Personally, I think you should just take the rough with the smooth. Perhaps you could suggest that the roof needs more insulation to keep your fuel costs down and everyone should contribute?

thesyn

If you refuse to pay then you will be in dispute with the other company directors.
This could cause difficulty and delay if you decide to sell.
Best pay up.

mykp

in my experience of a smilair situation, the land behind our houses is owned equally by the houses in our street.

I would pay as any problems down the line and the others could resent you and make your life difficult. Our situation was we wanted to tarmac the access road, but one person refused to chip in which meant we didnt do it. This led to some of the closer neighbours resenting the bloke especially as he has 6 cars! When this person wanted to build an extension, there where lots of objections and he didnt get planning permission for over 2 years.

pay now or pay later

dunx

iTrader: (3)

Hi Chris,

Are you sure that the collective isn't also responsible for your rotten window ?

If a lardy seagull smashed through the roof and the rain was entering your flat, I'm sure you'd be happy to know that ALL of the tenants will share the cost of repairs.

dunx

chrisdicko

iTrader: (21)

It says specifically the roof is everyones responsibility. But, thinking about it, I do think I should pay, due to things like carpets and painting internally later down the line....

I will ask about my window getting replaced by everyone Dunx lol

EddScott

Where my mother lives they are having a huge problem with one of the tennents who won't pay. Funnily enough he is known among car forums. He's sent a tirade of letters to various people making accusations etc and his beef is similar to the above.

Why pay for certain things he doesn't use - the lift for one. And as suggested above, should the ground floor people contribute to the roof if it starts leaking?

These things can get very nasty.

Reffro

Things don't need to get nasty. All you have to do is add up all the charges they refuse to pay, add the interest and charge them when they come to sell the flat. He can't re-assign the lease without permission, all you need to do is withold permission until the bills are paid.

Not difficult really.