Question 1

Garage Doors

Accepted Answer

Garage Doors Q: We have a shortfall in funding for major repair work to the battery of garages belonging to the flats. We have five funding options available, which we want to put to the 21 owners at an Extraordinary General Meeting. All owners have been given 2 months’ notice of the date of the meeting, and what it about, but I am struggling to get agreement on how the vote should be organised. Of the 21 owners, we usually have around eight turn up for the meeting, and maybe one or two will use their proxy vote. As we have five options on the table, it is possible that we won't get a majority, or the majority vote may be three people! One of the owners has suggested asking owners for a first and second option, so that the vote could be transferred (a form of proportional representation) to get a clear majority. I can see that some owners are going to object to whatever option is selected, so I want to be sure that, legally, we adopt the correct method of voting. Do you have any thoughts or suggestions on this, please? FPRA Hon Consultant Neil Jinks replies: Whilst the whole of the garages are demised under the lease to the various leaseholders I would be of the view that the garage doors remain the responsibility of the management company. It is clear from the other terms of the lease that all external parts are to be maintained as part of the service charge. This is usual to maintain uniformity of the outside appearance. Garage doors are not specifically mentioned but, since there is no specific requirement for the leaseholders to paint and/or maintain the doors it would usually be the case that these form part of the external arears for which the management company is responsible. I should remind you that, in respect of any works which are likely to exceed £250 per leaseholder (for any leaseholder) then it is necessary to follow the major works consultation process for the full amount of the cost, irrespective of the fact that part of the costs comes from reserves.

Question 2

Garage Doors

Accepted Answer

Garage Doors Q: We have a shortfall in funding for major repair work to the battery of garages belonging to the flats. We have five funding options available, which we want to put to the 21 owners at an Extraordinary General Meeting. All owners have been given 2 months’ notice of the date of the meeting, and what it about, but I am struggling to get agreement on how the vote should be organised. Of the 21 owners, we usually have around eight turn up for the meeting, and maybe one or two will use their proxy vote. As we have five options on the table, it is possible that we won't get a majority, or the majority vote may be three people! One of the owners has suggested asking owners for a first and second option, so that the vote could be transferred (a form of proportional representation) to get a clear majority. I can see that some owners are going to object to whatever option is selected, so I want to be sure that, legally, we adopt the correct method of voting. Do you have any thoughts or suggestions on this, please? FPRA Hon Consultant Neil Jinks replies: Whilst the whole of the garages are demised under the lease to the various leaseholders I would be of the view that the garage doors remain the responsibility of the management company. It is clear from the other terms of the lease that all external parts are to be maintained as part of the service charge. This is usual to maintain uniformity of the outside appearance. Garage doors are not specifically mentioned but, since there is no specific requirement for the leaseholders to paint and/or maintain the doors it would usually be the case that these form part of the external arears for which the management company is responsible. I should remind you that, in respect of any works which are likely to exceed £250 per leaseholder (for any leaseholder) then it is necessary to follow the major works consultation process for the full amount of the cost, irrespective of the fact that part of the costs comes from reserves.

Garage Doors

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