Communal land maintenance committee rights

bubblesmoney

Hi

Recently bought new house freehold from developer. Development still with developer. But will soon pass on the common owned areas and play area and walking area to committee of owners. Some residents want committee to install CCTV in some area and run it communally. Development over large area so obviously CCTV will only be in one place and not of use to majority residents. My understanding was that Committee was just to maintain common walking area and children's area and grass in common area. Maintenance is presently proposed at £100 per year per residence. Obviously if CCTV etc is implemented then costs will be more.

What is the legislation covering issue please. Some chaps don't want to spend for CCTV themselves and want community to spend instead and force everyone to spend for CCTV. Someone's door wasr vandalised but this isn't reason for areas with just grass and some play equipment to have CCTV to subsidize the cost of CCTV coverage for some owners.

Any guidance on the legal issues involved please. Want to read up as much as I can. Will this issue be covered by legal expenses cover to fight the committee if the need arises. I might get CCTV myself for my home and see no need to subsidize others who aren't willing to install it themselves but want committee to install and charge everyone. Any legal precedents please for England.

bubblesmoney

Any links to guidance please

eddddy

This would be a contractual issue - there won't be a any specific legislation relating to this.

When you bought, you probably signed a deed saying that you will pay for upkeep of the communal areas. So you need to read that deed, to check what you agreed to.

Normally, the deed will say you have to pay for maintenance, and not improvements (like cctv).

Richard_Webster

Likely developer will have set up a company to manage communal areas and each house owner will be a company member.

The members can elect directors (the committee) who will make decisions about spending. You will have to look at the paperwork - probably the TP1 transferring the new house to each owner and this will probably include a rentcharge in favour of the company and will set out what the rentcharge is for. It will depend on the wording whether CCTV could be included as an expense included in the rentcharge liability.

bubblesmoney

They hadn't mentioned any company formation while buying property. Just that there world be committee formed of owners to maintain communal ground. No buildings present in communal area. Just some grass and some play equipment and walking area. Most roads and footpaths will be handed over to council except for communal area. I don't know why some areas are kept for Connie and others being handed over to council.

Richard_Webster

Council will have rules about how much communal area it will accept so anything else has to be looked after by the residents.

When you bought, you probably signed a deed saying that you will pay for upkeep of the communal areas. So you need to read that deed, to check what you agreed to.

See paragraph I quoted above - There must be a document that says how this money has to be paid and to whom - can't really go further on this until we know what it says.

bubblesmoney

Ok thanks. Will check the document and get back.

Norman_Castle

You could also argue that one minor? instance of vandalism doesn't justify installing cctv. Speak to your neigbours. The committee should be working to benefit everyone so all opinions should be heard.

comeandgo

Check the deeds. Our resident association committee can only agree maintenance and repairs. Any other spending needs 100% resident agreement.