covenant enforcement

peppapig14

our house is freehold, with a residents management company who employ a property management organisation for the day to running of the estate 
the property management has now decided that they want to enforce the original convenant from 1980 when the estate was built to stop people parking commercial vans on their driveways.
my question is, the property management has given us 10 days to remove our vehicles or they will start proceedings ( letter only to 2 affected property's) and not anyone else on the estate. 
should the whole estate as shareholders have some say in this ( 70 houses ), or is it just the 2 directors of the residents management org who can decide this ( the director has made it known he does like commercial vans )

AdrianC

It's up to the directors of the management company.

This would have been better added to your existing thread.
https://forums.moneysavingexpert.com/discussion/6233385/covenant-and-commercial-van

Do you mean just two of the 70 properties have vans? Or that more do, but only two are on the receiving end of action?

moneysavinghero

Do you mean the director has let it be known he does not like commercial vans?

princeofpounds

The Directors run the management company, which instructs the Managing Agent.

The whole estate can have their say by hiring/firing Directors (assuming you are all shareholders/members depending on the form of incorporation) and/or passing resolutions at an AGM or EGM.

greatcrested

If enough other residents (asuming they are all shareholders) agree that the covenants should not be enforced, they could pass a motion instructing the Directors accordingly.

Until then, the Directors are wthin their right (indeed arguably have a duty to) enforce covenants.

We regularly see here quesries from buyers concerned about covenants of this sort, and frequently the advice is along the lines of "Oh that was there to protect the orginal developers during construction and original sales on the site. It is unlikely o ever be enforced."

Well, sometimes, covenants are enforced, so buying a property with covenants you intend to breach is always a risk.

peppapig14

AdrianC said:

It's up to the directors of the management company.

This would have been better added to your existing thread.
https://forums.moneysavingexpert.com/discussion/6233385/covenant-and-commercial-van

Do you mean just two of the 70 properties have vans? Or that more do, but only two are on the receiving end of action?

yep sorry should have added on previous
yes only 2 properties out of the 70 have vans and it's just these 2 properties there have received the 10 day notice to remove before enforcement. The other 68 properties have no official acknlodgement of what has been sent to us 

peppapig14

moneysavinghero said:

Do you mean the director has let it be known he does not like commercial vans?

yes upon inspection of the estate one day I was speaking to him and he advised he does not like commercial vans on the estate and they need to go

peppapig14

princeofpounds said:

The Directors run the management company, which instructs the Managing Agent.

The whole estate can have their say by hiring/firing Directors (assuming you are all shareholders/members depending on the form of incorporation) and/or passing resolutions at an AGM or EGM.

thank you,  we only brought the property 3 months ago and unsure when the last or n3xt AGM was held.  all 70 properties have a share in the management company

peppapig14

greatcrested said:

If enough other residents (asuming they are all shareholders) agree that the covenants should not be enforced, they could pass a motion instructing the Directors accordingly.

Until then, the Directors are wthin their right (indeed arguably have a duty to) enforce covenants.

We regularly see here quesries from buyers concerned about covenants of this sort, and frequently the advice is along the lines of "Oh that was there to protect the orginal developers during construction and original sales on the site. It is unlikely o ever be enforced."

Well, sometimes, covenants are enforced, so buying a property with covenants you intend to breach is always a risk.

as replied to another post , the 2 properties out of the 70 on the estate have received eviction of the commercial vans before legal action taken. the other 68 properties know nothing about this . that's where I am confused as it seems the directors ( who advised me in a previous chat on the estate they don't like some of the convenant being broken - commercial vans bring one of them ) are deciding what convenant they want to enforce without advising the whole estate.

davidmcn

There's no need for the management company to notify everybody about everything they're doing.

comeandgo

If the management company have to go legal the costs will then be added to the fees charged back to the residents so then all your neighbours will know what the extra costs were for.