Question 1

Who Can Vote?

Accepted Answer

Q: My colleagues and I have recently formed a residents’ association. Our constitution was drawn from the Department for Communities and Local Government proposal and we hope to gain RTA status shortly. We have six blocks of flats and 18 houses, in total 76 residences. One of the blocks of flats is social housing and the flats are owned by a housing association. Should the tenants of the social housing block be offered membership of our tenants’ association, each flat one vote, or would the housing association be entitled to have a block vote? FPRA Hon Consultant Yashmin Mistry replies: Unfortunately there is no precise definition of who can be a member of a residents’ association. In general terms a member will usually be contributing to the payment of service charges which, under the terms of the lease or tenancy, vary from time to time to meet expenditure incurred or to be incurred for providing services to the block/development. This should be contrasted against a tenant paying a fixed or non-variable service charge who may become a member but probably will not have the ability to vote on matters in which they have no interest. In practice the tribunal will want to be satisfied that the constitution and rules of the association are fair and democratic and that it is independent of the landlord and, in the case of a company landlord, its employees. The tribunal will be concerned to see that the actual paid up membership of the association represents a substantial proportion (as a general rule not less than 60 per cent) of the potential membership. [Submitted July 2016]

Question 2

Who Can Vote?

Accepted Answer

Q: My colleagues and I have recently formed a residents’ association. Our constitution was drawn from the Department for Communities and Local Government proposal and we hope to gain RTA status shortly. We have six blocks of flats and 18 houses, in total 76 residences. One of the blocks of flats is social housing and the flats are owned by a housing association. Should the tenants of the social housing block be offered membership of our tenants’ association, each flat one vote, or would the housing association be entitled to have a block vote? FPRA Hon Consultant Yashmin Mistry replies: Unfortunately there is no precise definition of who can be a member of a residents’ association. In general terms a member will usually be contributing to the payment of service charges which, under the terms of the lease or tenancy, vary from time to time to meet expenditure incurred or to be incurred for providing services to the block/development. This should be contrasted against a tenant paying a fixed or non-variable service charge who may become a member but probably will not have the ability to vote on matters in which they have no interest. In practice the tribunal will want to be satisfied that the constitution and rules of the association are fair and democratic and that it is independent of the landlord and, in the case of a company landlord, its employees. The tribunal will be concerned to see that the actual paid up membership of the association represents a substantial proportion (as a general rule not less than 60 per cent) of the potential membership. [Submitted July 2016]

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