Question 1

Recognition

Accepted Answer

Q: We asked the freeholder and the superior leaseholder for recognition of our resident’s association on 10 February 2016. The freeholder stated that they would give it to their lawyers the next week and then would come back to us. I happened to see her yesterday and she said that she would chase her lawyer up. On 12 February 2016 the superior leaseholder came back to us with a request for a list of the confirmed members of the Association, copies of the signed authorities as well as confirmation that all members have paid dues for 2016 (dues are set at £0 and it is deemed all members who have signed an authority are also up-to-date with dues). They also requested a copy of the constitution. We returned all of the requested documents to the superior leaseholder on 21 March 2016. Having spoken to both the superior leaseholder and their representative administering their everyday affairs and being told that “it should be fine” we have heard nothing back. We are aware that there are currently negotiations going on between freeholder and the superior leaseholder regarding certain aspects of the lease between them along with its covenants and obligations. We have been told verbally by the freeholder that these negotiations have no bearing whatsoever on us although we are not 100 per cent confident of this as the building has had a recent survey carried out by the freeholder who is looking to reduce the percentage allocation between her commercial premises and our residential properties. Historically the split between commercial and residential has been 60 per cent and 40 per cent respectively for allocation of building costs. The freeholder and the superior leaseholder are also disputing with each other their responsibilities for the outside of the building, which is in questionable condition due to lack of upkeep. NB: We have a 70 per cent+ uptake from the owners of the flats in the building and we have their signed authorities on file.

What do we need to do to expedite the recognition of our Association?

A: FPRA Adviser: There is no set time to respond - all you can say is that they need to respond in a reasonable time – say four weeks or you will have to reluctantly go to a Tribunal.

Is there anything we can do to become privy to the discussions of matters that affect us?

A: Adviser: No.

Is there anything else that we need to be aware of given the situation laid out above?

A: Adviser: That you can go to a Tribunal. An unreasonable delay can be taken as a rejection. Why not look at the Tribunal application forms for recognition and call them to see if you are eligible to apply. [Submitted April 2016]

Question 2

Recognition

Accepted Answer

Q: We asked the freeholder and the superior leaseholder for recognition of our resident’s association on 10 February 2016. The freeholder stated that they would give it to their lawyers the next week and then would come back to us. I happened to see her yesterday and she said that she would chase her lawyer up. On 12 February 2016 the superior leaseholder came back to us with a request for a list of the confirmed members of the Association, copies of the signed authorities as well as confirmation that all members have paid dues for 2016 (dues are set at £0 and it is deemed all members who have signed an authority are also up-to-date with dues). They also requested a copy of the constitution. We returned all of the requested documents to the superior leaseholder on 21 March 2016. Having spoken to both the superior leaseholder and their representative administering their everyday affairs and being told that “it should be fine” we have heard nothing back. We are aware that there are currently negotiations going on between freeholder and the superior leaseholder regarding certain aspects of the lease between them along with its covenants and obligations. We have been told verbally by the freeholder that these negotiations have no bearing whatsoever on us although we are not 100 per cent confident of this as the building has had a recent survey carried out by the freeholder who is looking to reduce the percentage allocation between her commercial premises and our residential properties. Historically the split between commercial and residential has been 60 per cent and 40 per cent respectively for allocation of building costs. The freeholder and the superior leaseholder are also disputing with each other their responsibilities for the outside of the building, which is in questionable condition due to lack of upkeep. NB: We have a 70 per cent+ uptake from the owners of the flats in the building and we have their signed authorities on file.

What do we need to do to expedite the recognition of our Association?

A: FPRA Adviser: There is no set time to respond - all you can say is that they need to respond in a reasonable time – say four weeks or you will have to reluctantly go to a Tribunal.

Is there anything we can do to become privy to the discussions of matters that affect us?

A: Adviser: No.

Is there anything else that we need to be aware of given the situation laid out above?

A: Adviser: That you can go to a Tribunal. An unreasonable delay can be taken as a rejection. Why not look at the Tribunal application forms for recognition and call them to see if you are eligible to apply. [Submitted April 2016]

Recognition

Search

Articles Archive