Parking only for owner occupiers in flat block. Unfair?

varghesejim

Hello,

I own a flat in a block of flats. All flat owners are equal shareholders of the blaock(via a residents association). The flat is rented out.

Today I received a voting form to vote to allow only owner occupiers to park in the communal parking within the premises.

I think it is very unfair on the people who are renting in the block. This makes the community two tier where the owner occupiers have certain extra rights in the communal area compared to the renters.

Several questions I have

1)Legally is it valid for a residents association to vote to restrict communal area to favour owner occupiers?

2)What exactly are the legal powers of a residents association which owns the freehold when it comes to rights of the residents in a flat block? It is not right by voting the residents can take away the rights of certain people in the block?

I think most of the occupiers in the block are owners. If by voting among shareholders owner-occupiers can take away some of the renters rights, it will lead to more restrictions I am afraid

By the way I don't think practically the renters will have any issues as the road next to the block have enough free parking(which most of the residents use anyway). It is the principle it is bugging me

spadoosh

Not sure of the legalities on this im afriad. Just wanted to point out the stupidity of it. Any restriction placed on a lease hold property will restrict the value of it. They are lowering the value of their property for what sounds like a few people parking. It might be worth mentioning that to them.

getmore4less

Check YOUR lease, that should tell you what right you have to the parking.

go to the parking board that's where there is a lot of knowledge on this sort of thing as parking companies like to take over "management" of parking and issue lots of invoices.

https://forums.moneysavingexpert.com/forumdisplay.php?f=163

NeilCr

This could be complicated

What do the leases say about parking spaces?

Within the lease is there any "catch all" saying something along the lines of "the management company can make such changes that will help the smooth running of the development"? There are various terms like that.

Leases can be varied using the Landlord and Tenant Act 1987 but require a 75% vote in favour. That's a possibility from what you say is being done here.

Are there enough parking spaces?

Is this the first you have heard of the proposal?

Sorry for all the questions but background may help more knowledgable people than me help

varghesejim

NeilCr wrote: »

What do the leases say about parking spaces?

Nothing.

NeilCr wrote: »

Are there enough parking spaces?

Within the grounds there are no enough spaces for all flats. But parking itself is not an issue as on public road there are plenty which is more convenient to some residents.

NeilCr wrote: »

Is this the first you have heard of the proposal?

I hears about the idea last year. Someone raised the idea in last years general meeting, but no one took it up.In this years meeting it was supported by most owners in the meeting, I heard(I didn't attend the meeting)

NeilCr

Is there the catch all I mentioned?

varghesejim

NeilCr wrote: »

Is there the catch all I mentioned?

I cannot find any such clause.

NeilCr

From what you've said they might be looking to vary the lease (or they may not have thought of this and are just going for a simple hands up vote)

Information here

http://www.lease-assn.org/members/leasehold-information-sheets/lease-variations.php

My personal view is, like you, I don't particularly like it. But, I suspect, if they do it correctly then they can do it. It is "your company".

Might be worth asking the directors what authority they are using to bring this in.

That's about my limit. Hopefully, someone with more knowledge will have a view!

boliston

Even an 'owner occupier' is still a tenant, and if they sublet (assuming subletting is permitted) then the tenant of the sublet flat would surely inherit the same rights of the 'owner-occupier' tenant.

varghesejim

boliston wrote: »

Even an 'owner occupier' is still a tenant, and if they sublet (assuming subletting is permitted) then the tenant of the sublet flat would surely inherit the same rights of the 'owner-occupier' tenant.

Is it possible to override this with a clause in the lease? Subletting clauses maybe?

varghesejim

NeilCr wrote: »

From what you've said they might be looking to vary the lease (or they may not have thought of this and are just going for a simple hands up vote)

Information here

http://www.lease-assn.org/members/leasehold-information-sheets/lease-variations.php

My personal view is, like you, I don't particularly like it. But, I suspect, if they do it correctly then they can do it. It is "your company".

Might be worth asking the directors what authority they are using to bring this in.

That's about my limit. Hopefully, someone with more knowledge will have a view!

Will write to the agent with questions to directors.