Management director issues

Chicane1992

Hi all,

Sorry if this is the wrong forum, I wasn’t sure where to put it.
I live in a freehold house (mortgage) and pay £25 a month towards a management company that “sorts” issue around the area eg grass cutting. As we live on the end of a terrace we bought the land at the end to extend our garden. Average price, maybe higher than I thought.

We have fended the rear garden section off but currently still have a 2x2m section at the front to fence off with a 3 foot fence.

I had one of the directors come round my house a few evenings ago and ask why we hadn’t fenced it off and that it had to be done within 3 months of purchase. 3 months has passed, however being tight on money, we are waiting untill our family friend can do it (month or so after summer period).

He got extremely arsey with me when I didn’t give him a firm date. Also got funny with my partner when she was at the door with my baby. He threatened to get solicitors involved.

I did ask what the massive issue is and he said because of grass cutting.

First question, what can they reasonably do about it? I’ve said it will be done soon but couldn’t give a date. I didn’t like his attitude and for the sake of a tiny bit of grass I can’t see why they are bothering us.

Secondly, the accounts for the company show that the directors put aside 18k for 4 of them to carry out duties. Is this fair? I feel even more angry when I see I’m paying him to be like that towards my family.

Missed loads out probably and it’s long winded but it was on my mind the last few days. Any opinions would be great :beer:

davidmcn

Just to clarify:

1. you bought this extra bit of land as a separate transaction
2. as part of that contract you undertook to fence it off within 3 months of completion
3. you've now changed your mind about that timescale

Is that right?

If so, I expect that ultimately they could pursue court action to make you do the fencing (or pay for them to do it), though for the sake of a few weeks' delay they're hardly likely to bother.

daveyjp

Put up a cheap temporary kneerail fence. A few short posts driven on the boundary and basic rails.

Fire_Fox

You have a legal obligation to complete the works within the agreed timeframe. If you have been unable to do so you should write to request an extension. Acceptable reasons for not installing the fence might include very poor weather (boggy or icy ground) or a serious family illness, say.

The management company could reasonably send you an official reminder or warning letter. The cost of preparing such a (?solicitors?) letter could reasonably be passed on to you. In theory they could complete the works and invoice you, but this seems unlikely.

When dealing with communally accessed or communally maintained areas effective caretakers/ site managers/ security staff are often thought of as 'jobsworths'. But seemingly insignificant rule-breaking encourages much more problematic infractions by other residents if not dealt with firmly.

Having said all that this inpromptu 'site meeting' should never have become so unpleasant. By all means raise your concerns about the officious manner in which you and your partner were addressed, even formally request that this particular director does not visit your property again.

Are the four director(s) voluntary, elected positions or employed/ paid positions? Is the "£18K to carry out duties" listed in the summary accounts you have received wages, expenses or a combination?

This sum may include, say, an accountant to sign off the annual accounts or a secretary to minute meetings and dispatch invoices and of course legal work, even if the director positions are voluntary. Consider requesting - in writing - access to the receipts, invoices and detailed accounts.

HTH.

unforeseen

I don't see where fencing it off within 3 months was part of the contract.

The director may have said it but can the OP confirm it was part of the contract?

If it was, then a few short poles at the corners and a bit of twine between. Job done.

macman

As above, there is no obligation to fence it at all unless the contract specifies so. Which the OP does not make clear.
If there is, then they can in theory take a civil action against the OP to enforce the contract, which will of course be paid for by the other customers of the management company. Whether they would actually bother to do so in practice, nobody can say.

G_M

macman wrote: »

as above, there is no obligation to fence it at all unless the contract or property title specifies so. Which the op does not make clear.

:t.................................................

Chicane1992

Thanks for the detailed answer. The main gripe is how forceful they are. It’s a tiny bit of land which isn’t costing them anymore to cut. I’d happily cut it myself if they left it! I’m not getting a discount on my monthly fees after buying 3k worth of land from them at the going rate after all.

The accounts say directors remuneration. I believe they are elected. They all live on the Estate and have full time jobs or are retired.

I’ve decided to put a temp fence up to satisfy them. Considering the state of some of the other houses on the estate, this is all I’m prepared to do until the summer is over.

Chicane1992

Above reply was for this response. Phone is playing up.

You have a legal obligation to complete the works within the agreed timeframe. If you have been unable to do so you should write to request an extension. Acceptable reasons for not installing the fence might include very poor weather (boggy or icy ground) or a serious family illness, say.

The management company could reasonably send you an official reminder or warning letter. The cost of preparing such a (?solicitors?) letter could reasonably be passed on to you. In theory they could complete the works and invoice you, but this seems unlikely.

When dealing with communally accessed or communally maintained areas effective caretakers/ site managers/ security staff are often thought of as 'jobsworths'. But seemingly insignificant rule-breaking encourages much more problematic infractions by other residents if not dealt with firmly.

Having said all that this inpromptu 'site meeting' should never have become so unpleasant. By all means raise your concerns about the officious manner in which you and your partner were addressed, even formally request that this particular director does not visit your property again.

Are the four director(s) voluntary, elected positions or employed/ paid positions? Is the "£18K to carry out duties" listed in the summary accounts you have received wages, expenses or a combination?

This sum may include, say, an accountant to sign off the annual accounts or a secretary to minute meetings and dispatch invoices and of course legal work, even if the director positions are voluntary. Consider requesting - in writing - access to the receipts, invoices and detailed accounts.

HTH.