Shared Court Yard Parking

Kdubz12

Morning all, 

We live in a town house with three other town houses adjoining us, they were all build on the site of one big house that was demolished.  At the front of the houses there is a shared/communal court yard with car parking for two spaces per house.  The court yard has some shrubs, fencing/walls and a large tree (with a protection order).  The developers that built the houses set up a management company to take care of the communal area, however they have absolutely no interest in it and don't charge any fees but also don't carry out any maintenance. Previously they have said whatever maintenance is needed, arrange it for yourselves and split the cost four ways.

This is normally fine as we know all the property owners and they are keen to keep the area looking neat and tidy.  However recently we needed some new fence panels and as the boundaries are shared with properties on either side of the court yard, it became a nightmare to get agreement from everyone on who is responsible for what etc.  The task getting agreement from everyone always falls to my partner and I and to simplify this process in the future I would like to set up our own management company and ask for monthly contributions (like a service charge) so there is a slush fund to carry out work rather than keep going asking for a few quid here and a few quid there.  Also the protected tree is huge and will one day soon require some substantial money being spent on it to ensure it is healthy and to keep people (and property) safe from falling branches etc.  To be clear, I don't want to make any money from the company.

I was wondering if anyone had any experience with this kind of thing before? What do I need to do to get the ball rolling? What are the costs to set things up etc. 

Thanks in advance!

Kieran

gm0

Where service charges don't currently exist.  Introducing them is a very awkward step with emotional reaction and pushback likely.  A key point of freehold house ownership vs flats is that you don't have this bs to deal with.

Many people will *like* being asked to consider requests on a case by case basis vs signing up for a subscription that other people are then going to run with and change (upwards) as they think of new helpful things to do.   Much better.  You have to ask - specifically - every time.  No say. No pay.  Perfect.

To get this off the ground you need consensus most likely. 

And a possible mechanism to get consensus could be this

1 To buy the land outright from the absentee agent - we need to hold it in common.  So we need a share of freehold company if we seek to do that and buy the garden area outright and look after it ourselves - officially.

2 Once we have a share of freehold company - we will then need to do the maintenance and liability stuff - tree etc.

3 That needs a small amount of money so invevitably - there needs to be a small subscription into the company to fund it,  You don't have lifts or communal roofs.  This is fencing and a tree surgeon now and then.  And some PI insurance for the directors.  And ground works to carpark.  Of course it could involve car chargers to all parking spaces and who knows what else in the future.  

The difficulty is that running a company "properly" with accounts etc.  Isn't free.  So you could generate ~£500 each per year just to stand it up and keep it legal and tidy - insured.   Which is excessive vs the actual spend you need to execute.  With freehold purchase of all land - likely no choice.  Without.  Informal may be your best route.  Many such companies are low key. Bad at CH filings.  Don't keep good accounts.  Cheap out.   This is largely fine to save momey until an ex lawyer or accountant/auditor moves in to a unit and blows a fuse about doing it legally and properly.  Or a picky conveyancer gets upset during a property transaction and somebody gets upset about that.  See item 4.

4 There are only 4 of us so we can all be directors to control things.  Nobody runs away and starts spending money.  You keep control of and are responsible for what happens and what doesn't.

5 Take turns unpaid to do works - no managing agent costs. (In practice some people will take more turns than others - human nature)

6 This allows us to take complete control of the land and its future use.

7 Maintenance will get done

If you find 1-2 or more don't like the subscription and there is no intent on buying the land outright then it doesn't fly.

Jellynailer

What does your transfer deed say?  My 1980s deed has two restrictive covenants: one re nuisance, annoyance and disturbance and the second a requirement to pay share of maintenance for shared services and areas.  I had to consult a solicitor on both a few years ago = clearly enforceable.  On solicitors letter did the trick.  Re the area maintenance etc. nobody wanted a management committee so I manage it and recharge the others but have consulted them for any major works for which I obtained 3 estimates.  I calculate that this takes much less time than running a committee.