Q: Getting Recognition

Getting Recognition Q: We have made an application for formal recognition of our residents’ association. We have received this reply from the management company: “I believe that in order to achieve formal recognition, 51 per cent or more of all owners, ie 51 per cent of 48 properties must be a member. Unfortunately, as only 50 per cent is occupied I do not believe you will have sufficient membership at this stage. “ In actual fact we only have 47 properties as one property is our guest suite. At present we have 22 apartments who have signed up for membership. What is the percentage required for formal recognition to be granted? Also, is this a percentage counting every member as some apartments have two occupants, or is it of apartments only? FPRA Chairman Bob Smytherman replies: This is a very common issue in new build developments, the 51 per cent is the usual percentage quoted as this is a simple majority. Provided you have a majority of those currently eligible to join your RA and can demonstrate that the RA operate in the best interests of ALL leaseholders according to principles of democracy, then the landlord should recognise your RA. If they decline you will need to appeal to the First Tier Tribunal who are the adjudicators of the reasonableness of their decision. The request for recognition must be addressed to your landlord /freeholder, not the managing agent who is just contracted by them. [Submitted August 2019]

Q: Getting Recognition

Getting Recognition Q: We have made an application for formal recognition of our residents’ association. We have received this reply from the management company: “I believe that in order to achieve formal recognition, 51 per cent or more of all owners, ie 51 per cent of 48 properties must be a member. Unfortunately, as only 50 per cent is occupied I do not believe you will have sufficient membership at this stage. “ In actual fact we only have 47 properties as one property is our guest suite. At present we have 22 apartments who have signed up for membership. What is the percentage required for formal recognition to be granted? Also, is this a percentage counting every member as some apartments have two occupants, or is it of apartments only? FPRA Chairman Bob Smytherman replies: This is a very common issue in new build developments, the 51 per cent is the usual percentage quoted as this is a simple majority. Provided you have a majority of those currently eligible to join your RA and can demonstrate that the RA operate in the best interests of ALL leaseholders according to principles of democracy, then the landlord should recognise your RA. If they decline you will need to appeal to the First Tier Tribunal who are the adjudicators of the reasonableness of their decision. The request for recognition must be addressed to your landlord /freeholder, not the managing agent who is just contracted by them. [Submitted August 2019]

Question 1

Getting Recognition

Accepted Answer

Getting Recognition Q: We have made an application for formal recognition of our residents’ association. We have received this reply from the management company: “I believe that in order to achieve formal recognition, 51 per cent or more of all owners, ie 51 per cent of 48 properties must be a member. Unfortunately, as only 50 per cent is occupied I do not believe you will have sufficient membership at this stage. “ In actual fact we only have 47 properties as one property is our guest suite. At present we have 22 apartments who have signed up for membership. What is the percentage required for formal recognition to be granted? Also, is this a percentage counting every member as some apartments have two occupants, or is it of apartments only? FPRA Chairman Bob Smytherman replies: This is a very common issue in new build developments, the 51 per cent is the usual percentage quoted as this is a simple majority. Provided you have a majority of those currently eligible to join your RA and can demonstrate that the RA operate in the best interests of ALL leaseholders according to principles of democracy, then the landlord should recognise your RA. If they decline you will need to appeal to the First Tier Tribunal who are the adjudicators of the reasonableness of their decision. The request for recognition must be addressed to your landlord /freeholder, not the managing agent who is just contracted by them. [Submitted August 2019]

Question 2

Getting Recognition

Accepted Answer

Getting Recognition Q: We have made an application for formal recognition of our residents’ association. We have received this reply from the management company: “I believe that in order to achieve formal recognition, 51 per cent or more of all owners, ie 51 per cent of 48 properties must be a member. Unfortunately, as only 50 per cent is occupied I do not believe you will have sufficient membership at this stage. “ In actual fact we only have 47 properties as one property is our guest suite. At present we have 22 apartments who have signed up for membership. What is the percentage required for formal recognition to be granted? Also, is this a percentage counting every member as some apartments have two occupants, or is it of apartments only? FPRA Chairman Bob Smytherman replies: This is a very common issue in new build developments, the 51 per cent is the usual percentage quoted as this is a simple majority. Provided you have a majority of those currently eligible to join your RA and can demonstrate that the RA operate in the best interests of ALL leaseholders according to principles of democracy, then the landlord should recognise your RA. If they decline you will need to appeal to the First Tier Tribunal who are the adjudicators of the reasonableness of their decision. The request for recognition must be addressed to your landlord /freeholder, not the managing agent who is just contracted by them. [Submitted August 2019]

Getting Recognition

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