This should be interesting

NeilCr

I am about to take over as Chair of our Management Company

The AGM is tonight. The outgoing chair was going to take the meeting but has had to pull out at the last minute. So I am in the "hot seat"

Looking at the minutes of the last AGM (I was unwell and unable to attend) there was quite a lot of noise about the issue of commercial vehicles parking on the estate - both on the access road and in the allocated spaces. Breaking a covenant. Discussion about possible clamping (!!). Nothing really has been mentioned at directors meetings since so I guess there is a pretty good chance it will be raised again

Our property manager has told me that she would only ever suggest a PPC as a last resort - although, interestingly, she did say that they worked in a specific situation on one site she manages. I must get the details! I share her view.

Think I am going to get there early and grab a glass (or two) of wine.....

:beer::beer::beer::beer:

Half_way

I can never understand the issue with so called commercial vehicles, she a large flat bed wagon, curiam sided 7.5 tonne etc, but assume private vehicles are as big as transit vans, add some vans are smaller than the average 4x4 that's used fur taking the kids to school/the shopping run.
Plus for a lot of people such as trades people, the commercial van becomes a family run about it of work hours.

NeilCr

I am a live and let live person myself and it's not an issue for me. But, some feel very strongly about it - to be fair one resident has got a ginormous works van. And, there is a problem with them being parked outside residents windows both on the road and in the spaces (our spaces are not linked to the properties adjoining them if you see what I mean). They do take out all the light.

I know one of the guys who has a works van (not the ginormous one) and he doesn't want to leave the van off the estate as all his tools are inside.

ETA

I do live in a house away from the access road and the car park so I don't have to see them. So that's easy for me to say. I would add that if I had the ginormous van in my eyeline I might take a different view!

And, whatever folks think it is a covenant so not something we can easily dismiss

DoaM

When we bought our (new build) house 22 years ago the missives (Scotland) included terms about no works vans parked overnight and no caravans. Both terms have been breached regularly ... in fact works vans make up almost 20% of the vehicles parked on the estate now. (At least it seems that way).

Not really anything we can do about this as there's no residents association (any more) and no factor (management company) either. Even when there was, nothing was ever done about it.

Half_way

Another thing, if this management company consists of a committee, and they are also trustees then dune further to drive home the point that they are liable for the actions of their agents, so if they hire a PPC then there could be some personal liability issues should the PPC mis behave, by using tickets to residents with pre existing rights, breaches of GDPR, harassment and so on, all of our could fall into the lap of the management committee.

Most (if not all ) committees that I have been involved in run a mile from anything involving a you could be liable clause whenever possible

Le_Kirk

NeilCr wrote: »

I am about to take over as Chair of our Management Company

The AGM is tonight. The outgoing chair was going to take the meeting but has had to pull out at the last minute. So I am in the "hot seat"

Good luck Neil, I am sure you will do a fine job - based on your postings on this forum.

Umkomaas

When we bought our (new build) house 22 years ago the missives (Scotland) included terms about no works vans parked overnight and no caravans. Both terms have been breached regularly ... in fact works vans make up almost 20% of the vehicles parked on the estate now.

My understanding is that such covenants are built into new build deeds. As far as I am aware, the covenant is between the first owner and the builder. Once the builder has sold all properties his interest leaves with him. In his absence, who is going to be (interested in) enforcing anything.

Once properties change hands, I'm not even sure which parties the covenant is between.

NeilCr

Umkomaas wrote: »

My understanding is that such covenants are built into new build deeds. As far as I am aware, the covenant is between the first owner and the builder. Once the builder has sold all properties his interest leaves with him. In his absence, who is going to be (interested in) enforcing anything.

Once properties change hands, I'm not even sure which parties the covenant is between.

All you need to know!

:D:D:D

https://www.land-registry-documents.co.uk/news-blog/covenantswhat-you-need-to-know-about/

My understanding is that we have the power (as we own the land and are affected) to enforce. We have just had legal advice about the breaking of a covenant (AirBnB) and that was that we could enforce

But, it's something that I will be discussing with our property manager and, if necessary, our solicitors if it becomes an issue

NeilCr

Le_Kirk wrote: »

Good luck Neil, I am sure you will do a fine job - based on your postings on this forum.

Thank you. That's very kind, indeed.

I volunteered mainly because the existing chair has been in situ for three years and is a busy man. But I am looking forward to it - it should be interesting

I will need wine, though!

NeilCr

Half_way wrote: »

Another thing, if this management company consists of a committee, and they are also trustees then dune further to drive home the point that they are liable for the actions of their agents, so if they hire a PPC then there could be some personal liability issues should the PPC mis behave, by using tickets to residents with pre existing rights, breaches of GDPR, harassment and so on, all of our could fall into the lap of the management committee.

Most (if not all ) committees that I have been involved in run a mile from anything involving a you could be liable clause whenever possible

We (all the property owners) own the freehold of the land and are a Management Company. The directors are, basically, elected representatives of all the other owners - and we then employ a Managing Agent.

We are miles off a PPC - as far as I am concerned, anyway - but we have to take account of the views of other property owners - some of whom will see a PPC as a "quick fix". And I know (!) so please no-one here needs to give me a list of the problems that PPCs can bring

If it got that far I am pretty sure that people would be okay with self ticketing. But, plenty of miles to go before that - I hope. Maybe it won't even be raised tonight - crossed everything!

:D

Fruitcake

You are an asset to this forum and I see no reason why you wouldn't be an asset to your group.

Good luck, but go easy on the vino collapso until the meeting is over.