Management Company Being Unrealistic!

madmax889

So i live in a block of flats. Theres 2 buildings both with 2 flats in. There is a communal garden which is very large. We were using this in lockdown as obviously furloughed but not near anyone. We recently bought a BBQ which all of us have used at some point which is fine. Since this has happened and we have all gone back to work the Management company have fitted signs saying that we are to allowed to store anything in the communal garden, including but limited to Plant plots, BBQs, chairs and a table (which we had and used/shared with everyone). The sign even says no kids toys (due to health and safety) i have a 2 year old. 

I can understand not having things in the hallways and next to fire exits due to fires. Which is a bit of common sense. 
I originally had a small plastic storage box with some items in like a water hose, the car pressure washer which was locked. They said this was a fire hazard even though not next to the actual building and was at the edge of the garden. 

We really need to get some extra info about this as they think we are pushovers and will accept anything they say. Any help would be grateful. 

DevilDamo

Those rules are not uncommon for blocks of flats with communal areas. If you’re not sure, check your lease agreement. You’ll find there are similar rules and restrictions relating to external changes to your flat, i.e. replacement windows.

nofoollikeold

1. If the management company belongs to a freeholder, they can do pretty much as they like.  
2. If you own a share of the freehold, then the management company belongs to you and the other shareholders.  There will be a management committee which can make the rules, but these can be overturned by the shareholders at an annual general meeting or an extraordinary general meeting.  
3. As DevilDamo says, check your lease.  No one can change the terms of the lease without the consent of all leaseholders.  

Sandtree

nofoollikeold said:

3. As DevilDamo says, check your lease.  No one can change the terms of the lease without the consent of all leaseholders.  

Any ideas on how interpretations of generic terms are generally handled?  

Leases I’ve seen have generally had clauses stating that the leasee cannot do anything that either risks the safety/damage of the building or would increase insurance premiums. We have had a similar situation to the OP where the issue is not explicitly in the lease but the management company and their law firm have used this clause along with an email from their insurance broker stating that it is a fire risk and if it were to be permitted/allowed to continue it would have an impact on insurance so therefore is against the terms of the lease.

Now clearly there are a dozen things that some do on a daily basis that technically represent a risk to the building like using a chip pan, lighting a candle etc etc

Homer_home

The big question is who is the freeholder ? 

J_B

madmax889 said:

We really need to get some extra info about this as they think we are pushovers and will accept anything they say. Any help would be grateful. 

Could you start by ignoring them?

If everyone is happy, maybe tell the MC to foxtrot oscar?

AskAsk

they can stop leaseholders using the communal garden for storage.  one little plastic box to start, then next there will be a shed, then there will be a man cave......

Emmia

They could remove the items, and then (if they know you are the owner) charge you for disposal, or alternatively (if they don't) add disposal costs onto the service charges - so you and your neighbours will have to pay. 

Basically,  keep all your stuff inside your flat.

stragglebod

Why did you buy the flat if you didn't like the terms of the leasehold?