Residents association query

moneyistooshorttomention

G_M wrote: »

Well, in the spirit of the above, I wish to take on the job of property adviser for the forum. Having anounced that, and provided no one objects within my time limit (36 minutes), I will assume I have the job.

Thenceforth I will charge a fee, which I will set myself, to each person who starts a new thread here.

:rotfl::rotfl::rotfl::rotfl:

Ooh...now whats it worth not to object?:rotfl: Only joking...:rotfl:

It is indeed one thing to take on a project etc out of a spirit of altruism/what goes around comes around.....but...yep...Mr Factor's comments aint quite ringing true to me either....

I'm still very much inclining towards calling Mr Factor's bluff personally and I darn well would (because that's how I function personally). There is a phrase I used to use about my former employers - ie "paper tiger". They were roaring - but I didn't think they had any actual "bite". I was right = they didn't. It was just a "lets try and scare MITSTM" scenario...

I think that's what is happening here....sighs at just how many try-on merchants there are out there....

Hmmmm.....is still on personal crusade about accountability/openness and I don't see Mr Factor as being that way from what we have been told to date.

G_M

G_M wrote: »

Well, in the spirit of the above, I wish to take on the job of property adviser for the forum. Having anounced that, and provided no one objects within my time limit (36 minutes), I will assume I have the job.

Thenceforth I will charge a fee, which I will set myself, to each person who starts a new thread here.

Forumites will be pleased to hear that I have had 219 responses via PM.

They were 100% in favour of my appointment.

My fee structure will be :

* £12 for every new thread started
* an additional £5 for every thread I deign to post a reply to
* £2 for every 'thank' I receive
* £26 per post (yours, not mine) on an ad hoc basis when I feel my income is not hitting target.

moneyistooshorttomention

:rotfl: You are very naughty GM and I am going to have to seriously contemplate putting you on the Naughty Step:rotfl:

I prescribe a 100 Lines immediately....

GaleSF63

G_M wrote: »

Comments about checking the lease: this would certainly apply in England, but I understand Scotland does blocks of flats differently. No leases, but I'm not clear what legal mechanism replaces them.

I also believe it's normal (common?) to have a 'Factor' to manage blocks in Scotland, though I don't understand the legal set up. Perhaps he is the building Factor?

I'm in a freehold flat in Scotland. I believe that the sort of things common in leases in England are in the deeds. I can't put my hand on my copy at the moment but from memory, things like how many pets; no sticking things on the outside walls (eg satellite dishes); not changing the style of the windows etc. are in the deeds.

We have a factor - a very good one fortunately who gets things done, and a residents committee who have a mandate from the flat owners to deal with small things that come up - we have a sinking fund. Big things we vote on, usually at our AGM.

G_M

GaleSF63 wrote: »

I'm in a freehold flat in Scotland. I believe that the sort of things common in leases in England are in the deeds. I can't put my hand on my copy at the moment but from memory, things like how many pets; no sticking things on the outside walls (eg satellite dishes); not changing the style of the windows etc. are in the deeds.

We have a factor - a very good one fortunately who gets things done, and a residents committee who have a mandate from the flat owners to deal with small things that come up - we have a sinking fund. Big things we vote on, usually at our AGM.

Asking purely out of interest:

so do the deeds include things like how/when major building repairs get done? Who arranges them? Who pays? What happens if one freeholder refuses to pay? eg

* new roof
* major plumbing/electrical probs
* subsidence
etc

??

moneyistooshorttomention

Well....I do have to say G_M that there are probably/possibly quite a few Deeds where such details are conspicuous by their absence. I'm in an unadopted road - and any details whatsoever as to how matters of communal maintenance are dealt with are conspicuous by their total absence and its a headache to try and work out just what the arrangements are for anything - in view of there not being any formal ones at all and it seems to have boiled down to road-owner does a diktat of what they have decided personally in the past.

Hence - I tend to assume that, in any situation, (be it OP's leasehold flat or an unadopted road scenario) where the "mechanics" of how things get done are missing - then its as well to look out what the "standard" method of dealing with these things is and say "Right...whatever has been done in the past is past. Its now "standard method" applying". Because at least "standard method" is open/democratic/fair/etc.

Hence my sympathies with OP here - as they seem to be in a rather similar situation - ie where the factor has set themselves up as Power On High and has been doing diktats (rather than doing things properly).

GaleSF63

G_M wrote: »

Asking purely out of interest:

so do the deeds include things like how/when major building repairs get done? Who arranges them? Who pays? What happens if one freeholder refuses to pay? eg

* new roof
* major plumbing/electrical probs
* subsidence
etc

??

Sorry, couldn't find the copy of the deeds - everything out of place at the moment.

When I do, I'll be back.

(On the plus side I did find my Royal Mail letter/packet sizer which I hadn't seen for a couple of years. Thanks for that!)

G_M

GaleSF63 wrote: »

(On the plus side I did find my Royal Mail letter/packet sizer which I hadn't seen for a couple of years. Thanks for that!)

No sweat.

£15 please.

GaleSF63

G_M wrote: »

Asking purely out of interest:

so do the deeds include things like how/when major building repairs get done? Who arranges them? Who pays? What happens if one freeholder refuses to pay? eg

* new roof
* major plumbing/electrical probs
* subsidence
etc

??

I have found
"A summarised version of the deed of conditions incorporated into the titles of each flat. Proprietors are recommended to refer to their own title deeds to establish exact definitions."

I don't have the deeds, but the tone of this summary suggests that somewhere I have agreed to the factor taking charge.

"The factor shall be responsible for the execution of all common repairs, maintenance of the common subjects and collection of insurance premiums (the factor pays the building insurance) and service charges (for common lighting, cleansing, washing outside of windows (ie in common areas), gardening maintenance, repairs and management charges etc.) And it is understood that each flat's charge for the service charges is one xxx part of the total, except where such charges relate to a particular block, where the share is xxx."

I recently reported a problem with a gutter to the residents' committee who reported it to the factor; the factor arranged for it to be fixed. That cost will probably be on next quarter's bill for this block.

It doesn't cover what happens if someone refuses to pay. However, from a discussion a couple of years ago I believe the factor does have some mechanisms in place to pursue them, with the ultimate being a charge on the flat to be retrieved when sold. Though I got the impression that the rest of us might have to cough up in the meantime.

It's a bit airy-fairy in places - "when deemed necessary" for example. I suspect somewhere in the legal bits we will have given the factor the power to make decisions on what is deemed necessary when it comes to things involving the structure of the building - maybe when appointing them? In our case I'm sure it would be done in association with the residents' committee - they and the factor meet 3 or 4 times a year.

Shelter Scotland has quite a good page on factors.

There are of course many buildings consisting of just a few flats where the maintenance is dealt with and agreed (or not!) by the flat owners. They can really have problems if someone is awkward about large expenditure.

And talking of being awkward - £15? Forget it!

G_M

GaleSF63 wrote: »

And talking of being awkward - £15? Forget it!

As the duly authorised adviser for this forum (post 33), I must warn that non payment of fees i likely to result in court action.

Now - back to the OP's problem: what if anything do the Deeds say, Beavishep?