Management Company v Home Owner

Ladjacket · 22-01-2019 12:06pm #1

Hello

Management company have terms in contract about certain things that you cannot do to your house but surely if you are the home owner you should be able to amend things.

For example, no satellite dishes on the walls outside? Does the home owner have any rights here?

3putt · 22-01-2019 12:09pm

I have the same in my management agreement . You would have signed a contract with these rules when you bought the property unfortunately

Ladjacket · 22-01-2019 12:12pm

That's what i was thinking. Not a deal breaker by any means but it seems very archaic

Marcusm · 22-01-2019 12:17pm

Ladjacket wrote: »

That's what i was thinking. Not a deal breaker by any means but it seems very archaic

Are you talking about an apartment or duplex type of set up? Irrespective of the management company’s views you couldn’t erect a satellite dish without planning permission which you would not get. It’s one of the features of managed developments or multi-unit buildings that you don’t have the freedoms available to individual houses.

3putt · 22-01-2019 12:22pm

Sky have one dish on the roof that is used for all apts. I know you think its archaic but look at some of the apt blocks out there that have about 20 hanging out of them, they look disgraceful.

Ladjacket · 22-01-2019 12:24pm

It's a semi detached house being bought in a new estate.

I get the idea about apartments but houses I thought would be different.

jimmycrackcorm · 22-01-2019 12:39pm

Ladjacket wrote:

It's a semi detached house being bought in a new estate.

Is definitely different for apartments where effectively you only own the internal space.

It weeks be difficult for an MC to enforce anything on your own private property, I. E. Not communal

Ladjacket · 22-01-2019 12:44pm

jimmycrackcorm wrote: »

Is definitely different for apartments where effectively you only own the internal space.

It weeks be difficult for an MC to enforce anything on your own private property, I. E. Not communal

I know it is part of the management company agreement but at the same time, I am buying the property so where does their interest impact my rights?

Mrs OBumble · 22-01-2019 12:47pm

A sky dis is outside the house, though.

Give an example of their rules constraining what you do inside.

Ladjacket · 22-01-2019 1:02pm

Mrs OBumble wrote: »

A sky dis is outside the house, though.

Give an example of their rules constraining what you do inside.

One of the terms is that you need to run it past them first if you plan on changing the front door.

nuac · 22-01-2019 1:07pm

Procedural suggestions

1. You can discuss these issues with the solicitor acting for you on the purchase.

2. If you proceed with the purchase you will be entitled to attend Man Co general meetings and campaign for changes

Ladjacket · 22-01-2019 1:09pm

nuac wrote: »

Procedural suggestions

1. You can discuss these issues with the solicitor acting for you on the purchase.

2. If you proceed with the purchase you will be entitled to attend Man Co general meetings and campaign for changes

Thanks Nuac!

Solicitor has said that there is no leeway on the dish issue but good idea on the campaign piece!

average_runner · 22-01-2019 1:10pm

Ladjacket wrote: »

One of the terms is that you need to run it past them first if you plan on changing the front door.

Put it at the side of the house, ours is at the side

seamus · 22-01-2019 1:11pm

Ladjacket wrote: »

I know it is part of the management company agreement but at the same time, I am buying the property so where does their interest impact my rights?

Purchase of the property is contingent on signing an agreement with the management company.

You have the right not to buy the house if you don't agree with the terms.

If you don't abide by the rules, the management company is entitled to levy penalties on you until you comply. And if they take you to court, they will win.

Ladjacket wrote: »

One of the terms is that you need to run it past them first if you plan on changing the front door.

That's still external though, not internal.

Claw Hammer · 22-01-2019 1:48pm

Ladjacket wrote: »

Hello

Management company have terms in contract about certain things that you cannot do to your house but surely if you are the home owner you should be able to amend things.

For example, no satellite dishes on the walls outside? Does the home owner have any rights here?

You own the property subject to the covenants with the management company and whoever else is joined in the deed of transfer. No one is forcing you to buy it.If you want a sky dish just but a property which has no restrictive covenants.

SteM · 22-01-2019 1:57pm

Sky dishes were popping up on the front of houses in my friends estate. Last summer all houses where sent a letter reminding them that dishes were not allowed per the rules they had signed when they bought and dishes would be removed, the letter also said that UPC was available for TV & broadband. Another warning letter a month later. 2 weeks after that the residents found the dishes had been removed. I assume the MC would have paid a company to remove the dishes which I'm sure will be passed on to residents in the following years fees, so double kick in the gut.

Claw Hammer · 22-01-2019 2:02pm

SteM wrote: »

Sky dishes were popping up on the front of houses in my friends estate. Last summer all houses where sent a letter reminding them that dishes were not allowed per the rules they had signed when they bought and dishes would be removed, the letter also said that UPC was available for TV & broadband. Another warning letter a month later. 2 weeks after that the residents found the dishes had been removed. I assume the MC would have paid a company to remove the dishes which I'm sure will be passed on to residents in the following years fees, so double kick in the gut.

Typical. What is is about people that think the rules are for the other fella.

SteM · 22-01-2019 2:35pm

Claw Hammer wrote: »

Typical. What is is about people that think the rules are for the other fella.

He rents the place out so only found about all of this when his tennants came home to find no dish on the house. The first thing they did was complain to him, the first thing he did was tell that it was in their lease that they couldn't put a dish up.

Caranica · 22-01-2019 2:45pm

Front door rule is about maintaining the appearance of the development. Estates look tacky very quickly when people start making piecemeal changes.

Ladjacket · 22-01-2019 3:14pm

Thanks for the replies - totally aware that I do not have to sign a contract if i don't like that also :cool:

Marcusm · 22-01-2019 7:35pm

Ladjacket wrote: »

One of the terms is that you need to run it past them first if you plan on changing the front door.

This is all standard even where houses are on managed estates. There is an assumption that the overall appearance has a bearing on collective house prices. You would find it hard to have the covenant removed unless the builder is having trouble selling the properties. Be grateful in part, in the U.K. they would not only have these clauses but also ground rents set at an initial £250 per annum, doubling every 5 years. Often ignored when buying they have become a deterrent to a sale.

cobhguy28 · 22-01-2019 8:45pm

Marcusm wrote: »

This is all standard even where houses are on managed estates. There is an assumption that the overall appearance has a bearing on collective house prices. You would find it hard to have the covenant removed unless the builder is having trouble selling the properties. Be grateful in part, in the U.K. they would not only have these clauses but also ground rents set at an initial £250 per annum, doubling every 5 years. Often ignored when buying they have become a deterrent to a sale.

I have not come across this where the houses are freehold on an estate. I have seen it in the uk a lot but only on houses that are leaseholds with groundrents.

Claw Hammer · 23-01-2019 1:05pm

cobhguy28 wrote: »

I have not come across this where the houses are freehold on an estate. I have seen it in the uk a lot but only on houses that are leaseholds with groundrents.

new leasehold houses can't be sold here.

jhenno78 · 23-01-2019 1:38pm

What's the point in having a management company for an estate?
Once communal areas are up to scratch should it be taken on by the council?

L1011 · 23-01-2019 2:14pm

jhenno78 wrote: »

What's the point in having a management company for an estate?
Once communal areas are up to scratch should it be taken on by the council?

Some councils insisted on it for a time to reduce future costs to them. Also allows gated estates which some buyers see as a (false) sense of security

24-01-2019 9:57am

L1011 wrote: »

Some councils insisted on it for a time to reduce future costs to them. Also allows gated estates which some buyers see as a (false) sense of security

The “false” part of your post is interesting, is there a reason why you think the sense of added security offered by gates which prevent uninvited non residents entering is false?

Until recently, for 12 years we lived in a small estate with security gates at the entrance which only residents had the fob/codes for. Prior to the gates being fitted it was common to see people driving in to have a nose around, that stopped and in the years we were there, there were zero burglaries while neighbouring non gated estates were targeted.

markpb · 24-01-2019 10:45am

Dav010 wrote: »

The “false” part of your post is interesting, is there a reason why you think the sense of added security offered by gates which prevent uninvited non residents entering is false?

Because they're trivial to work around? Anyone wanting to get in has loads of options. Wait a few minutes until someone else comes in or out. Buzz a dozen apartments and say that you're from FedEx, UPS, Pizza Hut or Ann Summers. Most of them (double leaf ones anyway) can easily be popped open with a little force. For added fun, use any of the options above and then stick black tape over the infrared sensor so they won't close. Then you can rob the place blind and not worry about being held up when you're driving away.

Context: I was a director of an OMC for a gated estate for years and those gates cost a fortune and did little for security.

L1011 · 24-01-2019 1:40pm

Dav010 wrote: »

The “false” part of your post is interesting, is there a reason why you think the sense of added security offered by gates which prevent uninvited non residents entering is false?

If there's a code pad - ask the local pizza boys what the gate code is. They'll know every estate in the town. If they're standalone pads (no backup controller), I can show you how to disable the main brand of them in use in Ireland with a snake-eyes screwdriver in about ten seconds*. These would be very common for pedestrian gates; and Aldi screwdriver sets even come with snake-eyes bits now.

Car gates that open automatically when a car drives towards from the inside can be facilely opened from the outside. Tailgating is basically always possible and the post above mine mentions how you can prevent them re-closing - if that sensor isn't there you're going to have claims for vehicular damage soon enough so there will be one.

Its security theatre, nothing else. A small estate not getting burgled is not proof that the gates did anything. If the sense reassures people, great, but anyone who wants to get inside the gates will get inside.

*I have legitimate reasons to know this!

Management Company v Home Owner

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