Number of Committee members

Dimwit100

Firstly apologies, I don't know what category to put this in.
I need to know what is the number of committee members required preferably legally for a committee for the following. 
- A housing development consisting of 16 private properties 
- Built on freehold land
- The committee consists of residents only
- To oversee and pay for the likes of ground and road maintenance 
- To manage the annual fees paid by the residents 

Thanks in advance 

Emmia

If you want legal advice, you should go and pay a lawyer.

Dimwit100

Sorry I thought the point of this forum was to ask for advice!

Emmia

Dimwit100 said:

Sorry I thought the point of this forum was to ask for advice!

We advise, but we're a bunch of people on the internet who can claim to be whoever we like.  The advice can be excellent, but in value terms is as reliable as a guy in a pub.

If you want legal advice you can rely on, you should speak to a lawyer and pay their fee.

Dimwit100

I was hoping for an answer from someone with experience if setting up or running such a committee. 
 I'm fully aware of the value of any advice given on here. 
I've already searched the net which I found to be confusing.

Grumpy_chap

Dimwit100 said:

Firstly apologies, I don't know what category to put this in.
I need to know what is the number of committee members required preferably legally for a committee for the following. 
- A housing development consisting of 16 private properties 
- Built on freehold land
- The committee consists of residents only
- To oversee and pay for the likes of ground and road maintenance 
- To manage the annual fees paid by the residents 

Thanks in advance 

There might be legal constraints written into the deeds that set out how this has to be managed.  It is quite common for each property to have one vote.  That would basically make a committee of 16.  BUT, will each property only be allowed to send one person to meetings, or can husband & wife both attend?

Will meetings be formal and minuted?
Will meetings be informal and friendly and social events?
What if there is a stale-mate?  16 properties conveniently divides by 2 so 8 for and 8 against can (and most certainly will) occur.
Do decisions require a simple majority?  2/3rd (11/16) majority?  Unaminous?
What happens if one property owner never attends to vote or comment?
How will disagreements be resolved?

The deeds may also stipulate the legal structure of the organisation - so a company (with each property holding one share)  - or a co-operative - or a social enterprise - or trust.

What guidance do the deeds state?

What assets does the "committee" own?  Are the roads adopted?  Are there garden areas to maintain?

There needs to be some agreement on how funds are accumulated and held securely for future major projects.  All nice brand new houses in 2025 so not much expense to be laid out other than the actual maintenance on a day-to-day basis.  That might all come down to just a gardener every fortnight for the time being.  Or it might require more.  At some point in time (maybe 20 years), the road will require resurfacing.  Will that fall to the owners at the time to find the money then?  Will that be funded by having accumulated a "pot"? 

What happens if one of the properties if for sale in year 18, and there is a £320k "pot" accumulated so that the new road in year 20 can be funded?  Does the £20k for the property being sold go back to the vendor?  Does the £20k stay in the "pot"?  Does the purchaser of the property then have to put £20k into the "pot" straight away?

What happens if the road needs resurfacing and will cost £640k but there is only £320k in the "pot"?  Does each property have to stump up £20k?  What if a property owner cannot or will not pay?

How will emergency works be addressed?

A general comment for committees would be that there has to be a Chairperson, Secretary and Treasurer. 

Dimwit100

Grumpy_chap thanks for very in-depth and informative reply.
I should have stated the committee has been up and running for approximately 10 years and my girlfriend is the Chairperson but recently the other two members namely the treasurer and the secretary resigned leaving her to do everything. 
Other residents are very quick to have their say at meetings but no-one else is willing to put themselves forward to join the committee. 
She does want to take sole responsibility and wants to know before the next meeting is this actually legal. 
If no-one is willing the other alternative is for them to employ a management company to take over but this will incur additional costs which we know other residents would be opposed to.

Grumpy_chap

Dimwit100 said:

 
She does want to take sole responsibility and wants to know before the next meeting is this actually legal. 

I don't think that matters whether it is legal for her to take sole responsibility.  (EDIT - It matters, obviously, if it is not legal and I can't advise on that point.)
I think it is very probably wholly unwise.  If there is anything that goes wrong, she gets all the blame despite having kept things moving along doing what is, at best, a thankless task.

What do the deeds of the properties say about how the committee operates?
What do the "articles of association" or the "constitution" of the committee say about how it operates?

Dimwit100

What do the deeds of the properties say about how the committee operates?
What do the "articles of association" or the "constitution" of the committee say about how it operates?

I don't know I have to ask her to look.

She is trying to do the right thing but isn't getting any support 

comeandgo

The constitution should say how many committee members are needed to have a meeting.  As she is chairman she should have a copy.

Grumpy_chap

The constitution should set out the processes to be followed, what makes a quorate vote, etc.  If there is not a "constitution" there may be a document by another name performing that function, or it may be written into the deeds of the individual properties.