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covenant enforcement

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Comments

  • greatcrested
    greatcrested Posts: 5,925 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    If there are other covenants being broken that you are concerned about, make an official complaint to the management company and request they take action to enforce. Provide reference to the relevant covenant, and evidence eg photos.
    If the Direstor(s) ignore your complaint, replace them at the next AGM, or raise a vote of no confidence in the director(s).
  • bouicca21
    bouicca21 Posts: 6,719 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I don’t understand. You only bought 3 months ago but the van has been there 4 years?
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    bouicca21 said:
    I don’t understand. You only bought 3 months ago but the van has been there 4 years?
    The OP's van has been there three months.
    The other van has been there four years.
  • 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.
    I agree the directors have a duty to enforce covenants , but I fully believe they are now doing this after our van being here approx 4 years because they have decided ( or another neighbour ) they don't personally like it. other covenants have been broken across the estate ( people have aerial on roofs, hang washing out front etc when prohibited from doing so ) and no action has been taken  against these 
    Maybe when it was just one van they were not too bothered about it and let it slip. Now it's two vans they worry it will quickly spread and before you know it every other drive will have a van parked in it.  They just want to stamp it out before it gets out of hand.
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