Residents Association when on shared ownership

[Mark2012]

I hope I am posting this in the correct place. We are currently trying to set up a residents association at the building I live in order to first manage to audit the freeholders' accounts and hopefully take over the management of the building.

We own part of the flat on a shared ownership basis. Legally its only the owners who are entitled to take part in the residents committee. Does anyone know who has the right to vote in shared ownership situations? Would it be the main leaseholder? i.e. who ever owns the most percentage in the property?

[stu007]

Hi

 

Before going further my advice would be to write to the Chairperson of the Residents Committee and request a copy of their "Constitution" as this should state in it who can be a member of that Committee and if shared ownership is not allowed you can challenge this and get local councillors etc involved.

 

I would also mention:

 

* Both owners and shared owners are in the same position wanting management to be taken over and it would make sense for both shared owners and owners to be on the same "Residents Committee" as ultimately we both want the same thing, whats best for all residents.

* Both owners and shared owner being on the same committee would give that committee a greater voice.

* Both owners and shared owner being on the same committee shows greater partnership working.

 

You all live in the same building and want whats best for all whether it be owners, shared owners, tenants etc.

[Mark2012]

We haven't set the residents committee yet, we are in the process of setting it up including writing the constitution etc. Nobody has got issues with even tenants being part of the committe, the problem is in the last meeting we had one of the owners occupiers said that in a previous experience with the same freeholder (for another building not ours) the specific freeholder said I do not recognise anybody in this committee who is not owner. And this is where my question was basically if its only owners which one would be in cases of shared ownership?

[stu007]

Hi

 

Are both owners and shared owners paying the said freeholder management costs?

 

If both are then i would say in my opinion that that freeholders statement at that meeting "i do not recognise anybody in the committee that is not a owner" to be completely incorrect if this is the case.

 

Personally I would ask the person that chaired that meeting to write to the freeholder asking for clarification as to why they the freeholder will only recognise owners only if a Residents Committee is setup and to provide copies of any documents relevant to this.

 

(Remember if you do write to send it recorded delivery as this gives you a paper trail and also if they respond and quote and specific document request copies of those documents).

 

You need to get to the bottom of why the freeholder will only recognise owners and the documentation from them to back this up.

[Mark2012]

In the majority of cases is only the occupiers who pay management fees.

 

I will go back to the group with this suggestion and hopefully we will challenge that.