Active discussions

Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Talk
Property/DIY

Join our Property forum for renovation, DIY, and house selling advice.

Original poster

Residents association nightmare

43 replies

Niceeyes · 06/10/2023 18:56

Hi everybody

Thanks in advance for reading this, I’m so stressed with this residents association I really don’t know what my rights are.

I recently bought a flat and had an issue with my builders drilling a hole in structural wall to move a boiler flue.

I was asked by the residents association to get a structural engineer to ok it and to get building regs to sign it off (all at my own cost, which I did)

They asked me to get a gas safe cert, I did this too at my own cost.

They asked me to send the gas safe cert to the council, which I did.

They asked me to change the new flue to a grey one to match the exterior of the building, I did this too.

i asked them for permission to make a new ensuite, they agreed, not mentioning I’d need building regs to oversee it.

I was supposed to move on over 6 weeks ago but work has been delayed because of boiler hole issue and I had to make alternate living arrangements AND quite franky they made me feel so unwelcome that i wouldn’t want to live there so I put it on the market.

I hadnt heard anything from them until they found out I was putting my flat in the market, now they’ve sent me a long email saying the hole in the beam issue is still being investigated and even through the local council building regs have signed it off that ‘they’ the residents association did not approve it and I’ve still broken the terms of my lease.

They said I need ventilation for my ensuite (a vent). My ensuite actually has two openable windows and the original bathroom never had a vent either so what’s their problem!!

They said they are checking with building insurance Co if the amount goes up as I’ve apparently affected the structure (building regs says I haven’t) and that I’ll have to pay any annual additional myself.

Finally I have a small balcony and I painted the floor a light grey (just like the other flats) they have also mentioned in their email to me that I have broken terms of my lease as I needed permission for this (I used waterproof outdoor floor paint), seems laughable really. The only residents association person that can see my flat clearly saw me doing it but never knocked on my door to talk to me in person like a normal adult.

I really feel they are just being bullies as they thought I was moving in and wished me well, as soon as I put it on the market their claws have come out.

ive contacted building regs asking if they can please help, awaiting a reply and I’ve contacted a solicitor to see if they can stop / delay me selling my flat.

Any advice would be so helpful, so stressed by them

OP posts:
EmmaEmerald · 06/10/2023 19:00

My first question is, are they a residents' association with any actual power?

The reason I ask is my previous place had a Residents Association with committees but they were not a proper legal set up.

Original poster
Niceeyes · 06/10/2023 19:07

Gosh I don’t know, how would I find that out?
and thank you 😊

OP posts:
Original poster
Niceeyes · 06/10/2023 19:11

Moonchild79 · 06/10/2023 19:02

Also contact LEASE
https://www.lease-advice.org/

Thank you!

OP posts:
EmmaEmerald · 06/10/2023 19:14

Niceeyes · 06/10/2023 19:07

Gosh I don’t know, how would I find that out?
and thank you 😊

Are they mentioned in any of your legal paperwork - does it say "you will require permission from RA to make changes"? Are you leasehold or shared freehold?

If you're shared freehold, see if they're registered on Companies House. If it is a shared freehold - I've been there and I'm never doing that again! - then you probably did need permission for alterations.

But many RAs are toothless and just act as if they have power. Sadly the toothless one at my place did overwhelm the managing agent a bit with nonsense during lockdown, but enough of us objected and the MA realised they were total bloody pushovers.

Original poster
Niceeyes · 06/10/2023 19:41

I’m leasehold with a shareholder , whatever that means? Yes it says on my lease paperwork that I need permission, my builders drilled a hole without asking me and I’ve been rectifying it since.

OP posts:
Original poster
Niceeyes · 06/10/2023 19:44

Yes they are a ltd co on companies house, it’s 4 Residents who live in the block, they have been awful to me with their passive aggressive emails

OP posts:
HundredMilesAnHour · 06/10/2023 19:53

So does the limited company own the freehold? Are the 4 residents directors of the limited company? If yes, how many other shareholders are there? it sounds like you bought the leasehold and a share of the freehold but you should check your paperwork to confirm this. To be frank, it doesn't sound like you fully understand what you bought and what your leasehold obligations are / when you need permission from the freeholder.

Original poster
Niceeyes · 06/10/2023 20:31

Every single flat had a £1 share in the building, the leasehold is around 950years. You’re right I’m not sure my rights

OP posts:
HundredMilesAnHour · 06/10/2023 20:39

Niceeyes · 06/10/2023 20:31

Every single flat had a £1 share in the building, the leasehold is around 950years. You’re right I’m not sure my rights

So how many flats in total?

It's not just your rights you don't understand, it's also your obligations as a leaseholder. You've already breached your leasehold agreement once. Ignorance isn't a defence. Start by reading your lease so your understand what your obligations are and what those of the freeholder are. Then look at the limited company details and understand the governing structure and what your rights are as a shareholder. This information should all have been requested prior to completion by your conveyancer and you should have read it. But better late than never. You need to read it now.

Ginmonkeyagain · 06/10/2023 20:42

They sound like the freehold company not a residents association and it sounds like you have altered the fabric of parts of the building belonging to the freeholder (drilling a hole in the external wall and painting the balcony).

You should really ask your conveyancing solicitor to explain what you have bought. You have bought a lease and that comes with rights and obligations.

AnOldCynic · 06/10/2023 20:49

The onus is on you to find out whether you need building regulations approval for work done on your property. Such as ventilation to an en-suite.

Of course it's at your own cost to get approval. You make it sound like you were doing them a favour paying for it.

EmmaEmerald · 06/10/2023 20:49

Ah, if it's a shared freehold and you didn't check your legal obligations, then they aren't being awful, in fact passive-aggressive is probably the step of being nice before saying "excuse me, what the hell are you doing".

You must look at your legal obligations urgently.

In fact, I'd write to them apologising and ask for help clarifying.

The reason I don't want another shared freehold is that I was annoyed by people waltzing in with no clue what was happening and then complaining about costs - like they thought we spent money on maintenance for fun! Then if something needed doing, would they stay in for a tradesman? Of course not.

If your builders drilled into a wall that counts as common parts without seeking permission, you really need to grovel.

It may all work out fine. We used to go to the pub together but there were some issues and when two of us (both directors) moved out, no one else wanted to take on the task.

So yes, get yourself sorted, apologise, be honest and you might all be friends.

If you buy another place, make sure you understand the legals. I realise many solicitors no longer talk clients through the terms, but they are usually including that in the fee so go through all the documents and ask all the questions!

EmmaEmerald · 06/10/2023 20:50

AnOldCynic · 06/10/2023 20:49

The onus is on you to find out whether you need building regulations approval for work done on your property. Such as ventilation to an en-suite.

Of course it's at your own cost to get approval. You make it sound like you were doing them a favour paying for it.

This too.

nevynevster · 06/10/2023 20:51

Dig out the paperwork relating to your purchase. The solicitor should have made it really clear in their covering letter what all the conditions were relating to the lease and the role of the RA in this (assuming they have a legal role). This is the first step because it will explain what you do and don't need permission for.
My experience with these kinds of places is that they'll have fairly wide ranging powers over exterior eg the balcony paint you either need to paint match or get approved but I'm surprised if they have powers over the interior (bathroom vent). Although that may be to cover damp issues creeping into adjacent flats.
In terms of selling, you'll have to declare all.of this and you can sometimes get insurance to cover any potential issues for the buyer. However I'd suggest, given you want to sell, that you simply contact them, apologise profusely for all the inconvenience and mistakes and tell them you'll do whatever is needed to rectify. Put in the vent if it's needed and agree to the insurance extra. It's just easier if you are trying to sell to resolve these things than fight it. I know it may seem unfair and they are a but unreasonable but as you want to sell, you'll just have to suck it up (assuming they are correct ... the first thing of course is to check those docs!)

tara66 · 06/10/2023 21:05

Re the ''vent'' in bathroom that has window - that is standard Building Regs. when making a room into a bath room in flats and getting permission from Planning Office of your Council too - nothing new at all. I had to do that nearly 20 years ago. It had to be an extractor fan connected to the light switch.

Original poster
Niceeyes · 06/10/2023 21:14

18

OP posts:
Original poster
Niceeyes · 06/10/2023 21:22

Becoming more stressed reading some of these posts. I’m not trying to make it sound like I’ve done them a favour by paying for gas vets, structural engineers etc. I’m just stating facts.
And if you actually saw the emails they sent you would be shocked

OP posts:
EmmaEmerald · 06/10/2023 22:07

Niceeyes · 06/10/2023 21:14

18

You’re 18?

can someone help you with this?

Original poster
Niceeyes · 06/10/2023 22:17

No, there are 18 flats in the building, I’m a bit older 😆

OP posts:
EmmaEmerald · 06/10/2023 22:25

Niceeyes · 06/10/2023 22:17

No, there are 18 flats in the building, I’m a bit older 😆

Oh
what’s shocking about the emails?

Ginmonkeyagain · 07/10/2023 07:08

Their tone might be blunt but it sounds like you have breached your lease, which is serious.

You need to take this seriously, do what is asked and move on.

Do they use a management company or do it themselves?

We have a shared freehold set up and use a management company. It is absolutely worth it.

Original poster
Niceeyes · 07/10/2023 10:13

Yes I’ve broken my lease -and yes I’m taking it seriously, I don’t actually sleep at night. It’s seriously affecting my health. I’ve done everthing they’ve asked me to do to fix things .. they manage things themselves

OP posts:
Ginmonkeyagain · 07/10/2023 10:21

I would take a step back. Do what you have been asked to do and don't take it so personally.

Home ownership comes with responsibilities It is wise before you start any rennovations (whether in a house or flat) to check if you need permission for anything.

Take it as a lesson learnt for next time.

Ginmonkeyagain · 07/10/2023 10:22

Oh and learn how to manage your tradesmen. If any builder had cut in to the external wall of my property without plans and permission there would be hell to pay.