Residents association nightmare

[Niceeyes]

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

It will be affecting their health if you've just allowed unsupervised builders to do stuff willy nilly. Especially with the structural wall - I wouldn't have okayed that unless 100% needed. Presumably the boiler flue had a different outlet, so you changed it without asking anyone? Whatever type of flat you thought you'd bought, that's odd.

we all make mistakes but it doesn't sound like you can blame them for sending "shocking" emails. As it's a properly registered RA, I'm guessing no one has sworn at you or anything like that?

if you want to live there, then don't let this put you off, because if you're going to live in a flat, you might come up against this sort of thing again.

I can see why they're more stressed by you selling because you could vanish with no contact details and they'll have no way of answering questions relating to leftover problems.

Ha ha like a 4 inch flue hole is going to make any difference to the structure 🤣.

Millions of houses have holes drilled in them for boiler flues , extraction fans , tumble dryer vents . They do not effect the structure in any way, buildings are built a lot stronger than if you made a vent hole in it , it would become unstable 🤣.

They sound like hard work ( jobsworths). I’d move 🙂

OP mentions a hole in the beam, sorry, I wasn't clear.

OP is this a listed building, by any chance?

Point is - it's not the OP's wall to drill a hole in, that is why she needs permission.

There are all sorts of reasons why a freehold company would want to have a say in where holes for flues are drilled.

We had one in our building where the lessee didn't ask permission and his idiot builder didn't realise that there was a supporting metal beam in the area he was trying to drill a hole in.

No it’s a 1960’s block and not listed

Yes that’s what happened, my builder did it without asking me, it’s affecting my health so much now that I’m constantly crying and can’t sleep, function. I’m not sure if is even worth mentioning this to them, not sure they care.

my partner says get a solicitor but I think I don’t want to escalate things. I just want it resolved …I’m not sure what to do. I just want it to be over

So go to the RA and explain that your builder did the stuff without your knowledge, that you are sorry for breaking terms of lease and can you please sit down with them to understand how to rectify the situation. No need for solicitors here. You agree you've made a mistake (s) and you want to sort it. Simple

I also understand their position, it’s your job to check the requirements for any work, not theirs to advise you, and I’ve no idea why you’d write you paid for the work, of course you did, what do you think they should have treated you? Or that You weren’t doing them a favour?

you’ve broken the terms of your lease and caused damage and they are trying to ensure you fix it. That’s their job.

Really don't get a solictor unless you plan to contest the lease breach notice.

As advised just write to the freeholder, accept the lease breach, apologise and ask what needs to be done to rectify the situation.

The reason the emails are blunt is the lease is a legal agreement and they are informing you of a breach. Seriously stop crying, own your mistake and crack on with sorting it out. Time to be an adult.

I don’t get why your partner thinks to get a solicitor? For what purpose? Is there something missing in the tale, as from what you’ve written the errors are your side, you breached the contract and also caused damage. They are trying to ensure they are now not all lumbered with additional insurance costs because of this. I genuinely can’t see what you need a lawyer for.

as a pp said, you need to ensure everything is put back without any ongoing impacts.

you can take your builder to small claims if they one hundred percent drilled a hole without your knowledge and you’d no idea it was going there but thought it was going elsewhere. If however you knew full well and agreed the work, then I’d really not try that. It will simply add to your woes and likely the builder will be allocated costs ie you pay his legal fees and time off work etc

id Really advise you just work with them to resolve the issues caused.

Maybe the partner thinks a solicitor will understand all the obligations more clearly than the OP and be able to advise her on precisely what she needs to do and whether the RA are asking for anything unreasonable. A solicitor isn't the worst idea if the OP is getting swamped and wants clarity. It might be a bit expensive though.

Exactly, i just want to make sure I’m fixing things correctly and that I have proper advice on what needs to be done

Ok but you said “my partner says to get a solicitor but I don’t want to escalate things” which doesn’t remotely read like you are doing it just to guide you on how to fix things correctly.

howver if that’s what you want a solicitor isn’t the answer, you need a building regulation advisor.

Ask the freeholder first.

Then read your lease. Carefully.

As a general point you are responsbile for everything inside your flat, the freeholder is responsible for everything outside.

As a leaseholder myself I generally err on the side of caution and check with my freeholder for any works bigger than painting or putting down carpets

its important not to take any of this personally. They are working to protect your asset. That sometimes gets forgotten when you are the person on the receiving end, but that is the reality.

letters that seem cold and impersonal and actually carefully worded because they are part of the legal record in case the matter ends up in court.

Fgs tell them all this

apologise and explain

get a solicitor for what reason? You know you've broken the terms. If you want to fight them, what for?

Re the builder - be honest, were you supervising the work? Or did you just do a renovation without checking anything?

as it stands, this is a problem and you owe the RA an apology. But it doesn't have to be a disaster and a court case.

after apologising, ask if someone can sit down with you - take them for a drink or whatever - and explain where things stand and what action you need to take. You don't need a solicitor for that.

lot of backpedalling in your posts.

It sounds like you got over excited with your purchase and didn't understand that things are different with a flat.

It happens. No long term harm done.

Your solicitor should have explained to you haven't bought flat but a legal document (lease) that allows you to occupy a flat for xx years and that lease sets out your obligations and rights during that time.

It sounds like you have also bought a share in the company that owns the freehold of the block. So this means that you definitely have a vested interest in a proactive management company that protects the fabric of the building and enforces the lease.

I am a director of our freehold company and after the Grenfell Tower fire we went on a bit of a rampage about items left in corridors and stairwells - we got call all sorts of names - petty little Hitlers, power crazed, people asking what the issue with a few plants or a shoe rack.

However one of the issues called out in the the Grenfell report was items blocking fire escape routes. Items blocking fire escape routes would have failed our fire certificate and cause issues with insurance and consequently mortgages. Freeholders don't have rules for shits and giggles.