Q: I wonder if your legal experts might be able to give us some advice regarding a boundary issue? We are a converted block of six flats surrounded by its own grounds. At the back of the building is a long strip of grass approximately twelve feet wide which separates our domain from the one […]
Archives: FAQs
Directors and Managing Agents
Q: Our development seems to have been embroiled in problems from its start. The management company was set up at the outset, with every leasehold apartment and freeholder house owner buying a share. The freeholder/developerās solicitor was appointed as sole director of the company by the freeholder/developer, and his instructions to the managing agent included, […]
Are We Paying Too Much?
Q: We are at present paying approximately Ā£9,550 for our building and terrorism insurance to our ground landlord, whose responsibility this is, and who after paying theĀ insurance company, looks to us for the repayment of the premium. We have established that that we could obtain equivalent cover from an equally competent and well reputed […]
Charging for Info
Q: We manage the communal areas for the 14 houses included in the association. Over the years we have had several houses change ownership and are asked various questions by solicitors involved in the sales. We have always answered the questions and furnished relevant paperwork where required free of charge. But on the latest occasion, […]
Share Certificate
Q: One of our Residents is about to re-mortgage their property. The share certificate is in her maiden, or previously married, name. We believe from her solicitor that the mortgage will be in both her and her husbandās name now and they have stated that she will need a new certificate reflecting that the mortgage […]
Is This Legal?
Q: Is it legal for someone who is on the Insolvency Register to be a director of the Residentsā company? Ā FPRA Chairman Bob Smytherman replies: I am not a lawyer but my understanding of the situation with electing company directors who have been insolvent is they would not automatically be barred from serving as […]
Notice of Charge
Q: We, the management company, have been advised that a flat owner is re-mortgaging their flat. The solicitor has asked us to confirm our fee for a Notice of Charge. Our lease only requires the freeholder to require this, not the management company. Would it be sensible for us to, also, require this so that […]
Lease Extension
Ā Q: Can the Federation help with advice on lease extensions? We would like to get valuations for extending our leases. Does the FPRA give advice on this? Alternatively, does it recommend a company to provide the information? Ā FPRA Committee Member Shaun OāSullivan replies: It is difficult to give even general advice without knowing […]
Bike Shed Request
Q: A request to provide a bike shed has been made by a few members of the management company. It is understood that the lease is paramount. Have looked at it, it seems to say OK if the management company reasonably considers it is for the general benefit. Am I right to worry about this? […]
Planning permission required?
Q: We have a river running at the bottom of our estate with a separate channel separating the main estate grounds from an āislandā in the middle of the river. We are looking to develop the landscaping on theĀ island and are considering installing a footbridge, primarily for pedestrians but one that also may be able […]