Forming a Residents' Association

Bargain_Rzl

Since November I've lived in a block of 10 newbuild Shared Ownership flats, which as of fairly recently are all occupied.

I would like to propose to my neighbours that we form some kind of Residents' Association to protect the interests of all in the building. Currently, one of my neighbours seems to spend a disproportionate amount of time and effort trying to sort out problems with the HA and managing agent, and although she's doing a smashing job, it doesn't seem fair on her and it would be good if the burden could be shared (she ended up in this position as she was the first to move into her flat). We have various maintenance and security issues which need to be addressed more firmly than they are at the moment!

Is there a standard procedure for setting up a RA? Legislation governing what powers we have? Legal guidance as to how many of the residents need to be on board in order for the RA to be quorate? Any guidance would be appreciated.

Thanks

kjl26

Hi,
We set one up last year, and it was very easy. I don't have all the details to hand at the minute but basically as I remember you need a majority of people to agree to having one. Once you have got that, you still have to invite anyone who said 'no' to be part of the association etc.
You have to write to the freeholder expressing your intention to set up an RTA (we sent a copy to the managing agent also, as well as to everyone in the building) and enclosing your constitution document (can't remember if this is exactly the right term). The latter is very easy to produce - there is a template on the LEASE site I think - and you just put in all the terms you want, i.e. how regularly you will meet, what quorum you need to pass decisions, who is the secretary, etc. (also I would put in something about when the appointment of secretary etc. will be made, how regularly it will be renewed and by what method).

Everyone has to agree the constitution.

The freeholder then has a certain period of time (1 or 3 months, not sure which, but again LEASE has the info) to respond to recognise your RTA. If he/she doesn't do it within that time I think it is automatically recognised. I don't think they have any rights to refuse you setting one up, but they are allowed to put concerns/comments etc. in writing back to you.

In terms of positions on the association, I think the only one you need initially is the Secretary, who should do all the sending of things to the freeholder. Be careful that it's someone who is happy to give the time to it though, and that you take turns - I am secretary on mine and the managing agents have taken to calling me up about everything, and to responding to direct communication from other leaseholders with calls to me... (not a problem really as only three flats, but if you are trying to make it fairer for everyone then it's something to consider).

Hope that helps - we got most help from the lease website and everything we needed guidance-wise was there (I think it is in the section under consulting for major works).

Katie

BASFORDLAD

I thought residents associations were just for snobby people to boss thier neighbours around

Bargain_Rzl

Thanks kjl26! That's just what I needed, really! What I'll do is, I'll make the suggestion first to the neighbour who has been doing all the work, and give her this information, and hopefully we can then suggest it to the other residents.

Bargain_Rzl

Kuztardd wrote: »

I thought residents associations were just for concerned tennants who take care in how their homes are being run and how the service charge is being spent

Quite. The neighbours who I have spoken to about any aspect of maintenance, security etc. in our building have all been of the same view - that it's very tricky to persuade the managing agent to do anything. We pay a significant service charge and yet the windows have not been cleaned since the place was built, there is a water leak in our bin store which has caused part of the flooring in the neighbouring bike shed to collapse (which is a safety hazard and was reported to the managing agent weeks ago) and some of my neighbours have been (so far unsuccessfully) lobbying for the lock on the main security door to be fixed as it is currently very easy to leave it open by accident.

I think we are in a good position being a Shared Ownership building - unlike most buildings, we all have a stake in our flats so you'd think there would be a strong feeling of common interest. I will work on putting it to the neighbours - I've already met the residents of all but one flat - and see what they say.

kjl26

Bargain_Rzl wrote: »

Thanks kjl26! That's just what I needed, really! What I'll do is, I'll make the suggestion first to the neighbour who has been doing all the work, and give her this information, and hopefully we can then suggest it to the other residents.

No worries . Your freeholders/managing agents don't sound too dissimilar to ours... we originally set up the RTA so as to have more control when the managing agents proposed major works, a lot of which was unnecessary and the rest of which arose from previous neglect, when there was no sign of where previous service charges had disappeared to...

Now it's very useful in terms of holding them more accountable and making them ask before they do stupid things and charge us for them...

I have the documents at home - letter to freeholder, constitution, etc., and probably some of the research we did - so if you want a look feel free to PM me.

Good luck with it
Katie

BASFORDLAD

Does any body remember ever decreasing cicles....

Headintheclouds_3

BASFORDLAD wrote: »

I thought residents associations were just for snobby people to boss thier neighbours around

:rotfl:

I think that most of the people on MSE are concerned with making better communities; that's hardly a crime. I'm sure that if your house was graffitied or your kids were hassled by local gangs you'd be signing up!

kjl26

Kuztardd wrote: »

Just a quickie, what exactly does RTA mean?

Residents T???? Association??

We are moving soon, to a block of 12 flats, and we are left to believe there is no association where we are moving to, so this thread has been very interesting. Thank you

Recognised Tenants' Association (the leaseholder/freeholder relationship being described as a tenant/landlord one in all the legal stuff).

It does give you a lot more rights (esp with regard to major works) - definitely worth reading the Lease Advice stuff. Not sure if the following link will work, but if not you want https://www.lease-advice.org, click 'lease advice publications' and then 'service charges and other issues'. It's somewhere near the bottom...

link: http://www.lease-advice.org/scgrframe.htm

Hope that helps
Katie

Bargain_Rzl

Thanks for all your help, kjl26 - I will contact you by PM once I have done a bit of research into how many of the neighbours would be up for it.