Holiday Cottage trying to create a road/parking in garden

mr sheen
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Re: Holiday Cottage trying to create a road/parking in garde

Post by mr sheen » Thu Mar 01, 2018 1:14 pm

you seem to think that you can take some action against this private landowner.....I don't think you will be successful since there doesn't seem to be anything actionnable and even if you find a covenant that may make you believe you can take action, costs would probably be so high as to make legal action pointless and high risk of losing.

The landowner is not causing a legal nuisance but merely accessing land they own and leaving a vehicle on it that does not obstruct or interfere with anyone else.

If you erect a fence that blocks in/out a landowner they can just remove it....especially if they pay the 'management company' because they will have payed towards it.
Some of this stuff is starting to smack of victimisation and abuse of position....care is needed about taking this forward without legal advice.

Collaborate
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Re: Holiday Cottage trying to create a road/parking in garde

Post by Collaborate » Thu Mar 01, 2018 1:37 pm

SwitchRich wrote:Hey Collaborate,
What specifically do you think is not actionable?
Preventing the company from fencing the car park and preserving the car parking spaces for all to use.

SwitchRich
Posts: 159
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Re: Holiday Cottage trying to create a road/parking in garde

Post by SwitchRich » Thu Mar 01, 2018 2:42 pm

Hold on mrsheen, The fence idea as described previously was the "nuclear" option. We don't want that at all.
Our gripe is that this lady has taken down the existing fence that was the management's responsibility and something we paid for. And has replaced that with a big 5 bar gate that essential takes out 1 parking spot.
There is also the fear that she lays down a track and then sticks a bunch of caravans on the site too.
This is our concern and thus why I'm reaching out to the forum. We are not interested in starting a war or to victimise this lady (which is a stretch of the imagination anyways)
She is just acting without communicating to any of us and we just want to understand where and how we can respond.
I'm sure we could all vote to dig a big pond in the carpark right in front of the gate but that would be equally as ridiculous as fencing it off.
We have a car park area specifically for people to park their cars. And we are against the idea of cars being parked within the gardens of each others properties. Hope that clears things up.
Anyways it feels from the responses so far that nothing can be done. Not a huge deal but worth asking the question.

Thanks very much to all who have responded so far!


Rich

mr sheen
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Re: Holiday Cottage trying to create a road/parking in garde

Post by mr sheen » Thu Mar 01, 2018 3:11 pm

If you don't like what other people do with the land they own, then you could try to buy it so that you have control over it.
Once one purchases land one can use that land as one likes within the law and any restrictive covenants to which one is contracted. You are against people parking their cars on their own land....what sort of dictatorship is this?
The parameters of a management company will be defined in the contracts you have. For flats a management company can have some control over the building and the land. however, the situation here appears to be a management company looking after communal areas of the development for the benefit of all and it is unlikely that you have much, if any, control over the land owned by others.

It is unlikely that she is going to open up a caravan site on that postage stamp bit of land and this really is drifting into the realms of fantasy.
She has the right (unless contract states differently) to grass, gravel, AstroTurf or any other base material she likes on her land so you aren't going to be able to stop this. She also has the right to full enjoyment of the land she owns. Whilst other land owners don't want her to do things, the size of the development means that no one would be adversely affected and the pursuit of control over her property seems as though there is a bigger picture here....

SwitchRich
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Re: Holiday Cottage trying to create a road/parking in garde

Post by SwitchRich » Thu Mar 01, 2018 3:53 pm

mr sheen wrote:You are against people parking their cars on their own land....what sort of dictatorship is this?
Ha, you do make me larf! :)

We are against her taking down a fence that we as a company put in. And then replacing that a gate without communication to anyone.
From our side we feel affronted that she is acting and changing the layout of our communal spaces which although minor will have an impact on all the other owners.
To me it seems unreasonable that's all. And to claim dictatorship on our side is a bit much.

That said thanks for your responses and will check out the management stuff to see if there is anything there. Will update if we find anything.


Rich

liveinpeace
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Re: Holiday Cottage trying to create a road/parking in garde

Post by liveinpeace » Thu Mar 01, 2018 4:08 pm

hi rich
mr sheen was quite lenient on you, in response to my post asking for advice and help, I got;

"whereas you are sofa-surfing and watching the pennies. Ever heard of...don't take on a battle you can't win?
They are not going to move the fence back and you will find it difficult to enforce...even if you did have the cash to pursue it"

I think its more the delivery than the content.

I can fully understand why you wouldn't want cars parked in the gardens of what are probably quite picturesque holiday cottages,good luck.

SJC14
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Re: Holiday Cottage trying to create a road/parking in garde

Post by SJC14 » Thu Mar 01, 2018 6:45 pm

mr sheen wrote:Once one purchases land one can use that land as one likes within the law and any restrictive covenants to which one is contracted. You are against people parking their cars on their own land....
The 'developer' does not own all the land, that is the issue. A company owns the car park and drive land and if the 'developer' wants to create a driveway on her land she will need access from land that is not hers and remove a someone elses fence in order to use that it. Which part of that do you not understand? We can draw you a comic if that helps with your understanding.
SwitchRich wrote:We are against her taking down a fence that we as a company put in. And then replacing that a gate without communication to anyone
Which is both rational and reasonable.

Collaborate
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Re: Holiday Cottage trying to create a road/parking in garde

Post by Collaborate » Thu Mar 01, 2018 9:17 pm

Look, if you're not going to post the actual wording of the rights that she enjoys over the parking area no one can say whether or not she has the right to pass over that land by car in order to reach her property. So you might as well end this thread now. Or post the wording.

It's up to you.

SwitchRich
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Re: Holiday Cottage trying to create a road/parking in garde

Post by SwitchRich » Mon Mar 05, 2018 9:43 am

I don't have the wording. Never even seen it so will have to investigate that.
We have an elected chairman and treasurer who run our little group of owners. I'll email to see if he has something of the sort.
I'll also try and figure out who owns the car park as it was all one plot originally. The person who bought the whole site got gas and water feeds put in and then separated the cottages into individual holiday cottage dwellings to be sold separately.
Don't know if it makes a difference here but you can't live in these full time. The are designated for use as holiday cottages and not for a permanent address.

Will feedback as soon as I know more.


Rich

SwitchRich
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Re: Holiday Cottage trying to create a road/parking in garde

Post by SwitchRich » Wed Mar 07, 2018 10:43 am

Hi all,
Sending updates as I get them from the owners. It appears the Limited Company of which the owners are equal shareholders owns all the communal areas. (car park, pond and field etc)
I've asked if anyone has a copy of the original documents and will forward to all here once I eventually get them.

Cheers!

Rich

Collaborate
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Re: Holiday Cottage trying to create a road/parking in garde

Post by Collaborate » Wed Mar 07, 2018 6:53 pm

Thinking logically, it cannot be right that a right to park (if that indeed is what you all have) means you all have a right to exit the parking area on to your land if that thereby means that no one can park so as to block the exit point. That would mean that potentially all of the car park bordering someone's land could be rendered unavailable for parking. So whatever she might be allowed to do vis a vis the boundary of the parking area (and I happen to think that she has no right to remove the boundary fence, as it doesn't belong to her) she cannot interfere with the rights of others to park anywhere they want to on the communal area.

SwitchRich
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Re: Holiday Cottage trying to create a road/parking in garde

Post by SwitchRich » Tue Mar 20, 2018 11:53 am

Hello again. I've finally managed to get the details of the management company (it was actually called the Articles of Association) It is a rather long document and most of it is I suspect irrelevant, but for the interest of the debate I'll post it in full.
I think it it is a fairly standard format for any company so may not actually provide any extra details or insight.

Cheers


Rich


The Companies Act 2006
Company Limited by Guarantee and not having a Share Capital


ARTICLES OF ASSOCIATION

of

XXXXXXX XXXXXXX LIMITED


GENERAL


1. In these Articles:-

“the Act” means the Companies Act, 2006

“the seal” means the common seal of the Company

“secretary” means any person appointed to perform the duties of the secretary of the Company

“the property” means the communal areas serving the eight dwellings on the XXXXX Estate XXXXX XXXXX

“the owners” means the owners for the time being of the dwellings forming part of the XXXXXXX Estate

“director” means a director of the Company and includes any persons occupying the position of director by whatever name called

Expressions referring to writing shall, unless the contrary intention appears, be construed as including reference to printing, lithography, photography and other modes of representing or reproducing words in a visible form

Unless the context otherwise requires, words or expressions contained in these Articles shall bear the same meaning as in the Act or any statutory modification thereof in force at the date at which these Articles become binding on the Company

2. The Company is established for the purposes expressed in the Memorandum of Association

3. The Company is a private Company

MEMBERSHIP

4. The number of members with which the Company proposes to be registered is 8

5. The subscribers to the Memorandum of Articles and all owners who apply in writing for membership shall be members of the Company

6. Where two or more persons jointly are the owners of a dwellinghouse they shall together constitute one member and the person whose name first appears in the register of members shall exercise the voting and other powers vested in such member

7. The subscribers to the Memorandum of Association shall cease to be members as soon as the owners of all the dwellinghouse have become members. A member shall cease to be such on ceasing to be a dwelling owner and on the registration as a member of his successor in title. A member shall have the right at any time to resign his membership of the Company

8. The trustee in bankruptcy of any bankrupt member or the personal representative of any deceased member shall be entitled to become a member if, at the time of his application for membership, the deceased or bankrupt member is a dwelling owner.

GENERAL MEETINGS

9. The Company shall in each year hold a general meeting as its annual general meeting in addition to any other meetings in that year, and shall specify the meeting as such in the notices calling it; and not more than fifteen months shall elapse between the date of one annual general meeting of the Company and that of the next. Provided that so long as the Company holds its first annual general meeting within eighteen months of its incorporation, it need not hold it in the year of its incorporation or in the following year. The annual general meeting shall be held at such time and place as the directors shall appoint

10. All general meetings other than annual general meetings shall be called extraordinary general meetings

11. The directors may, whenever they thing fit, convene an extraordinary general meeting, and extraordinary general meetings shall also be convened on such requisition, or, in default, may be convened by such requisitionists as provided by Section 368 of the Act. If at any time there are not any directors within the United Kingdom any two members of the Company may convene an extraordinary general meeting in the same manner as nearly as possible as that in which meetings may be convened by the directors

12. An annual general meeting and a meeting called for the passing of a special resolution shall be called by twenty-one days’ notice in writing at the least, and a meeting of the Company other than an annual general meeting or a meeting for the passing of a special resolution shall be called by fourteen days’ notice in writing at the least. The notice shall be exclusive of the day on which is it served or deemed to be served and of the day for which it is given, and shall specify the place, the day and the hour of the meeting and, in case of special business, the general nature of that business shall be given, in manner hereinafter mentioned or in such other manner, if any, as may be prescribed by the Company in general meeting, to such persons as are, under the Articles of the Company entitled to receive such notices from the Company:

Provided that a meeting of the Company shall, notwithstanding that it is called by shorter notice than specified in these articles, be deemed to have been duly called if it is so agreed:-

(a) in the case of a meeting called as the annual general meeting, by all the members entitled to attend and vote thereat: and
(b) in the case of any other meeting, by a majority in number of the members having a right to attend and vote at the meeting, being a majority together representing not less than 95 per cent of the total voting rights at that meeting of all the members

13. The accidental omission to give notice of a meeting to, or the non-receipt of notice of a meeting by, any person entitled to receive notice shall not invalidate the proceedings at that meeting

PROCEEDINGS AT GENERAL MEETINGS

14. All business shall be deemed special that is transacted at an extraordinary general meeting, and also all that is transacted at an annual general meeting, with the exception of the consideration of the accounts, balance sheets and the reports of the directors and auditors and the appointment of, and the fixing of the remuneration of, the auditors

15. No business shall be transacted at any general meeting unless a quorum of members is present at the time when the meeting proceed to business; save as herein otherwise provided, two members present in person or by proxy shall be a quorum

16. if within half an hour from the time appointed for the meeting a quorum is not present, the meeting, if convened upon the requisition of members shall be dissolved; in any other case it shall stand adjourned to the same day in the next week, at the same time and place, or to such other day and at such other time and place as the directors may determine, and if at the adjourned meeting a quorum is not present within half an hour from the time appointed for the meeting the members present shall be a quorum

17. The Chairman of the Company shall preside as Chairman at every general meeting of the Company, or if there is no Chairman for the time being, or if he shall not be present within fifteen minutes after the time appointed for the holding of the meeting or is unwilling to act, the members present shall elect some other director to be Chairman of the meeting. If at any meeting no director is willing to act as Chairman or if no director is present within fifteen minutes after the time appointed for holding the meeting, the members present shall choose one of their number to be Chairman of the meeting

18. The Chairman may, with the consent of any meeting at which a quorum is present (and shall if so directed by the meeting) adjourn the meeting from time to time and from place to place, but no business shall be transacted at any adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place. When a meeting is adjourned for thirty days or more, notice of the adjourned meeting shall be given as in the case of an original meeting. Save as aforesaid it shall not be necessary to give any notice of an adjournment of the business to be transacted at an adjourned meeting

19. At any general meeting a resolution put to the vote of the meeting shall be decided on a show of hands unless a poll is (before or on the declaration of the result of the show of hands) demanded by the Chairman or by at least 5 members present in person or by proxy

Unless a poll be so demanded, a declaration by the Chairman that a resolution has on a show of hands been carried or carried unanimously, or by a particular majority, or lost, and an entry to that effect in the book containing the minutes of proceedings of the Company shall be conclusive evidence of the fact without proof of the number or proportion of the votes recorded in favour of or against such resolution. The demand for a poll may be withdrawn

20. Except as provided in Article 22, if a poll is duly demanded it shall be taken in such manner as the Chairman directs, and the result of the poll shall be deemed to be the resolution of the meeting at which the poll was demanded.

21. In the case of an equality of votes, whether on a show or hands or on a poll, the Chairman of the meeting at which the show of hands takes place, or at which the poll is demanded, shall be entitled to a second or casting vote

22. A poll demanded on the election of a Chairman, or on a question of adjournment, shall be taken forthwith. A poll demanded on any other question shall be taken at such time as the Chairman of the meeting directs, and business other than that upon which a poll has been demanded may be proceeded with pending the taking of the poll

23. Subject to the provisions of the Act, a resolution in writing signed by all the members for the time being entitled to receive notice of an to attend and vote at general meetings shall be as valid and effective as if the same had been passed at a general meeting of the Company duly convened and held

VOTES OF MEMBERS

24. Subject as hereinafter provided every member present in person or by proxy shall have one vote

25. On a show of hands or on a poll votes may be given either personally or by proxy. The instrument appointing a proxy shall be deemed to confer authority to demand or join in demanding a poll

26. The instrument appointing a proxy shall be in writing under the hand of the appointor or of his attorney duly authorised in writing. A proxy need not be a member of the Company

27. A vote given in accordance with the terms of an instrument of proxy shall be valid notwithstanding the previous death of the principal or revocation of the proxy, provided that no intimation in writing of such death or revocation shall have been received by the Company at its registered office before the commencement of the meeting or adjourned meeting at which the proxy is used


28. Directors general authority
Subject to the articles, the directors are responsible for the management of the Company’s business, for which purpose they may exercise all the powers of the Company

29. Members reserve power
(1) the members may, by special resolution, direct the directors to take, or refrain from taking, specified action
(2) no such special resolution invalidates anything which the directors have done before the passing of the resolution

30. Directors may delegate
(1) subject to the articles, the directors may delegate any of the powers which are confirmed on them under the articles:-
(a) to such person or committee
(b) by such means (including by power of attorney)
(c) to such an extent
(d) in relation to such matters or territories and
(e) on such terms and conditions
as they think fit
(2) if the directors so specify, any such delegation may authorise further delegation of the directors’ powers by any person to whom they are delegated
(3) the directors may revoke any delegation in whole or part, or alter its terms and conditions

31. Committees
(1) committees to which the directors delegate any of their powers must follow procedures which are based as far as they are applicable on those provisions of the articles which govern the taking of decisions by directors
(2) the directors may make rules of procedure for all or any committees, which prevail over rules derived from the articles if they are not consistent with them

32. Directors to take decisions collectively
(1) the general rule about decision making by directors is that any decision of the directors must be either a majority decision at a meeting or a decision taken in accordance with article 8
(2) if:
(a) the Company only have one director and
(b) no provision of the articles requires it to have more than one director,
the general rule does not apply and the director may take decisions without regard to any of the provisions of the articles relating to directors’ decision making

33. Unanimous decisions
(1) a decision of the directors is taken in accordance with this article when all eligible directors indicate to each other by any means that they share a common view on a matter
(2) such a decision may take the form of a resolution in writing, copies of which have been signed by each eligible director or to which each eligible director has otherwise indicated agreement in writing
(3) references in this article to eligible directors are to directors who would have been entitled to vote on the matter had it been proposed as a resolution at a directors’ meeting
(4) a decision may not be taken in accordance with this article if the eligible directors would not have formed a quorum at such a meeting

34. Calling a directors’ meeting
(1) any director may call a directors’ meeting by giving notice of the meeting to the directors or by authorising the Company secretary (if any) to give such notice
(2) notice of any directors’ meeting must indicate:-
(a) its proposed date and time;
(b) where it is to take place; and
(c) if it is anticipated that directors participating in the meeting will not be in the same place, how it is proposed that they should communicate with each other during the meeting
(3) notice of a directors’ meeting must be given to each director, but need not be in writing
(4) notice of a directors’ meeting need not be given to directors who waive their entitlement to notice of that meeting, by giving notice to that effect to the Company not more than 7 days after the date on which the meeting is held. Where such notice is given after the meeting has been held, that does not affect the validity of the meeting, or of any business conducted at it

35. Participation in directors’ meetings
(1) Subject to the articles, directors participate in a directors’ meeting, or part of a directors meeting, when:
(a) the meeting has been called and takes place in accordance with the articles, and
(b) they can each communicate to the others any information or opinions they have on any particular item of the business of the meeting
(2) in determining whether directors are participating in a directors’ meeting, it is irrelevant where any director is or how they communicate with each other
(3) if all the directors participating in a meeting are not in the same place, they may decided that the meeting is to be treated as taking place wherever any of them is

36. Quorum for directors meeting
(1) at a directors’ meeting, unless a quorum is participating, no proposal is to be voted on, except a proposal to call another meeting
(2) the quorum for directors’ meeting may be fixed from time to time by a decision of the directors, but it must never be less than two, and unless otherwise fixed it is two
(3) if the total number of directors for the time being is less than the quorum required, the directors must not take any decision other than a decision-
(a) to appoint further directors, or
(b) to call a general meeting so as to enable the members to appoint further directors

37. Chairing of directors’ meeting
(1) the directors may appoint a director to chair their meetings
(2) the person so appointed for the time being is known as the chairman
(3) the directors may terminate the chairman’s appointment at any time
(4) if the chairman is not participating in a directors’ meeting within ten minutes of the time at which it was to start, the participating directors must appoint one of themselves to chair it

38. Casting vote
(1) if the numbers of votes for and against a proposal are equal, the chairman or other director chairing the meeting has a casting vote
(2) but this does not apply if, in accordance with the articles, the chairman or other director is not to be counted as participating in the decision making process for quorum or voting purposes

39. Conflict of interest
(1) if a proposed decision of the directors is concerned with an actual or proposed transaction or arrangement with the Company in which a director is interested, that director is not to be counted as participating in the decision making process for quorum or voting purposes
(2) but if paragraph (3) applies, a director who is interested in an actual or proposed transaction or arrangement with the Company is to be counted as participating in the decision making process for quorum and voting purposes
(3) this paragraph applies when:
(a) the Company by ordinary resolution disapplies the provision of the articles which would otherwise prevent a director from being counted as participating in the decision making process
(b) the director’s interest cannot reasonably be regarded as likely to give rise to a conflict of interest; or
(c) the director’s conflict of interest arises from a permitted cause
(4) for the purposes of this article, the following are permitted causes-
(a) a guarantee given, or to be given, by or to a director in respect of an obligation incurred by or on behalf of the Company or any of its subsidiaries;
(b) subscription, or an agreement to subscribe, for securities of the Company or any of its subsidiaries, or to underwrite, sub-underwrite, or guarantee subscription for any such securities; and
(c) arrangements pursuant to which benefits are made available to employees and directors or former employees and directors of the Company or any of its subsidiaries which do not provide special benefits for directors or former directors
(5) for the purposes of this article, reference to proposed decisions and decision making processes include any directors’ meeting or part of a directors’ meeting
(6) subject to paragraph (7), if a question arises at a meeting of directors or of a committee of directors as to the right of a director to participate in the meeting (or part of the meeting) for voting or quorum purposes, the question may, before the conclusion of the meeting, be referred to the chairman whose ruling in relation to any director other than the chairman is to be final and conclusive
(7) if any question as to the right to participate in the meeting (or part of the meeting) should arise in respect of the chairman, the question is to be decided by a decision of the directors at that meeting, for which purposes the chairman is not to be counted as participating in the meeting (or that part of the meeting) for voting or quorum purposes

40. Records of decisions to be kept
The directors must ensure that the Company keeps a record, in writing, for at least 10 years from the date of the decision recorded, of every unanimous or majority decision taken by the directors

41. Directors’ decision to make further rules
Subject to the articles, the directors may make any rule which they think fit about how they take decisions, and about how such rules are to be recorded or communicated to directors

42. Methods of appointing directors
(1) any person who is willing to act as a director, and is permitted by law to do so, may be appointed to be a director-
(a) by ordinary resolution, or
(b) by a decision of the directors
(2) in the case where, as a result of death, the Company has no members and no directors, the personal representatives of the last member to have died have the right, by notice in writing, to appoint a person to be a director
(3) for the purposes of paragraph (2), where 2 or more members die in circumstances rendering it uncertain who was the last to die, a younger member is deemed to have survived an older member

43. Termination of director’s appointment
A person ceases to be a director as soon as-
(a) that person ceases to be a director by virtue of any provision of the Companies Act 2006 or is prohibited from being a director by law;
(b) a bankruptcy order is made against that person;
(c) a composition is made with that person’s creditors generally in satisfaction of that person’s debts;
(d) a registered medical practitioner who is treating that person gives a written opinion to the Company stating that that person has become physically or mentally incapable of acting as a director and may remain so for more than three months;
(e) by reason of that person’s mental health, a court makes an order which wholly or partly prevents that person from personally exercising any powers or rights which that person would otherwise have;
(f) notification is received by the Company from the director that the director is resigning from office, and such resignation has taken effect in accordance with its terms

44. Directors’ remuneration
(1) directors may undertake any services for the Company that the directors decide
(2) directors are entitled to such remuneration as the directors determine-
(a) for their services to the Company as directors, and
(b) for any other service which they undertake for the Company
(3) subject to the articles, a director’s remuneration may-
(a) take any form, and
(b) include any arrangements in connection with the payment of a pension, allowance or gratuity, or any death, sickness or disability benefits, to or in respect of that director
(4) unless the directors decide otherwise, directors’ remuneration accrues from day to day
(5) unless the directors decide otherwise, directors are not accountable to the Company for any remuneration which they receive as directors or other officers or employees of the Company’s subsidiaries or of any other body corporate in which the Company is interested

45. Directors’ expenses
The Company may pay any reasonable expenses which the directors properly incur in connection with their attendance at-
(a) meetings of directors or committees of directors,
(b) general meetings, or
(c) separate meetings of the holders of debentures of the Company,
or otherwise in connection with the exercise of their powers and the discharge of their responsibilities in relation to the Company

SECRETARY

46. The secretary shall be appointed by the directors for such term at such remuneration and upon such conditions as they may think fit, and any secretary so appointed may be removed by them. The directors may from time to time by resolution appoint an assistant or deputy secretary and any person so appointed may act in place of the secretary if there be no secretary or no secretary capable of acting

SEAL

47. The seal of the Company shall not be affixed to any instrument except by the authority of a resolution of the directors or of a committee of the directors authorised by the directors in that behalf, and every instrument to which the seal shall be affixed shall be signed by a member of the directors and shall be countersigned by the secretary or by a second member of the directors or by some other person appointed by the directors for that purpose

ACCOUNTS

48. The directors shall cause proper books of account to be kept with respect to:-
(a) all sums of money received and expended by the Company and the maters in respect of which such receipt and expenditure take place;
(b) all sales and purchases of goods by the Company; and
(c) the assets and liabilities of the Company

Property books shall not be deemed to be kept if there are not kept such books of account as are necessary to give a true and fair view of the state of the affairs of the Company and to explain its transactions

49. The books of account shall be kept at the Company’s registered office, or, subject to Section 222 of the Act, at such other place or places as the directors think fit, and shall always be open to inspection of the members of the directors

50. The books of account shall be open to the inspection of any member of the Company on reasonable notice

51. At the annual general meeting in every year the directors shall lay before the Company an income and expenditure account for the period since the last preceding account (or in the case of the first account since the incorporation of the Company made up to a date not more than four months before such meeting) together with a balance sheet made up as at the same date. Every such balance sheet shall be accompanied by reports of the directors and the auditors and copies of such account, balance sheet and reports and of any other documents required by law to be annexed or attached thereto or to accompany the same shall not less than twenty-one clear days before the date of the meeting be sent to the auditors and to all other persons entitled to receive notices of general meetings in the manner in which notices are hereinafter directed to be served. The auditor’s report shall be open to inspection and be read before the meeting as required by Section 241 of the Act

AUDIT

52. Once at least in every year the accounts of the Company shall be examined and the correctness of the income and expenditure account and balance sheet ascertained by one or more properly qualified auditor or auditors

53. Auditors shall be appointed and their duties regulated in accordance with the Act, the members of the directors being treated as the directors mentioned in the Act

NOTICES

54. A notice may be served by the Company upon any member either personally or by sending it through the post in a prepaid letter addressed to such member at his registered address as appearing in the register of members or by delivering it at his registered address

55. Any member described in the register of members by an address not within the United Kingdom, who shall from time to time give the Company an address within the United Kingdom at which notices may be served upon him, shall be entitled to have notices served upon him at such address, but, save as aforesaid, only those members who are described in the register of members by an address within the United Kingdom shall be entitled to receive notices from the Company

56. Any notice, if served by post, shall be deemed to have been served on the day following that on which the letter containing the same is put into the post, and, in providing such service, it shall be sufficient to prove that the letter containing the notice was property address and put in the post office as a prepaid letter

DISSOLUTION

57. If upon the winding up or dissolution o the Company there remains, after the satisfaction of all its debts and liabilities, any property whatsoever, the same shall not be paid to or distributed among the members of the Company, but shall be transferred either to some other institution (whether or not a member of the Company) having objects similar to the objects of the Company or to some institution (whether or not a member of the Company) the objects of which are the promotion or charity and anything incidental or conducive thereto, such institution or institutions to be determined by the members of the Company at or before the time of dissolution

Collaborate
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Re: Holiday Cottage trying to create a road/parking in garde

Post by Collaborate » Tue Mar 20, 2018 12:21 pm

That's not particularly important/relevant.

What you need to examine is the deeds of the problem neighbour (to show their rights over the parking space - presumably the same as yours? ) and only then can you examine whether blocking the entrance she has made is breaching her rights.

pilman
Posts: 2919
Joined: Thu Mar 11, 2010 4:08 pm

Re: Holiday Cottage trying to create a road/parking in garde

Post by pilman » Tue Mar 20, 2018 12:35 pm

Joining into this thread rather late in the day, but I would have wanted to see the deeds that transferred ownership of the proprieties.

Each cottage will have rights granted by the seller, and then that seller would have had to transfer the other land to the management company once that company came into existence.

I would presume that the transfer of the communal areas was subject to all rights granted to the respective cottages.

A copy of the register of title will reveal the rights that were reserved, so spending £3 on the Land Registry web-site would have been a sensible way to find out the necessary information.

SwitchRich
Posts: 159
Joined: Wed Feb 24, 2016 10:34 am

Re: Holiday Cottage trying to create a road/parking in garde

Post by SwitchRich » Tue Mar 20, 2018 12:38 pm

Thanks Collaborate and pilman! :)

So I posted the ladies deeds (with identifying info anonymised) in my 2nd or 3rd post on this thread.
Could you take a look at that to see if they contain what you are after?

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