Can they change the terms of my leasehold Property is I own a share of the freehold?

[MadameJosephine]

I bought a leasehold Flat last July. It’s in a large Victorian house with a more modern annex attached. There are 3 flats in the old part (including mine) and 5 in the modern part. Under the terms of the lease any repairs/ maintenance costs are split between 8 of us.

Some of the residents of the modern building are unhappy about this as they think that the Victorian building will require more maintenance and therefore think they shouldn’t have to pay for that. While I understand their point my argument is that they bought their properties having read the lease so are bound by it. My understanding was that with only 8 flats it would require us all to agree to any changes in the lease. So that was that and it all seemed to die down.

Recently however new neighbours have bought another of the Victorian flats and their solicitor has unearthed a document which proves that 17 years ago the freehold was signed over to the management company of the building, of which the 8 of us are shareholders. Now the main instigator from the modern annex is claiming this means that they can change the lease and force the changes they want.

Is this true? Any property law experts out there who can advise?

I am not an expert but I would imagine you all have to agree.

When I investigated last year that seemed to be the case but now the freeholder is a ltd company of which we are all shareholders so perhaps a majority vote is enough? This would mean the 5 in the modern bit will always be able outvote the 3 of us in the Victorian house

Wouldn't it depend what the Articles of Association of the Ltd company say then? They usually state in detail how any decisions are to be made and whether decisions have to be a majority/unanimous, also the process for raising and making the decisions.

Do you have a copy of these? If not, I know they have to be filed with Companies House these days when a company is formed - I imagine that was the case 17 years ago? If you can't get hold of these anywhere, you need to seek legal advice from a specialist in business law, I'd have thought.

Thanks roomba I’ll check with companies house. Initially I was pleased to discover I had a share in the freehold but I think it’s just going to turn out to be a massive pain in the arse!