| The following information is based upon documents provided
to us and on the understanding that each of the title documents
are essentially the same. This is a brief interpretation of
those covenants which may have relevance to the day to day management
of the estate, it is intended for general guidance only and
where there is any doubt you should consult a Solicitor.
Please read on for Freehold covenants or scroll
down for Leasehold covenants
Covenants in the freehold title to each
of the individual houses.
(1. Definitions)
The communal areas and facilities are:
a) The estate road, access ways, footpaths and parking spaces
intended for communal use
b) The electronic entry gates, walls, railings or fences
within or on the boundaries of the estate as are intended
to be the responsibility of the Management Company.
c) The communal planted areas.
d) All lighting within the communal areas.
e) Any other facility provided by the Management Company
for communal use and enjoyment of all 61 properties.
The Management Charges:
Each property on the estate pays 1.64% of the management
company’s expenditure.
Schedule 1 (6) All parking spaces on the estate have been
allocated for private use.
Schedule 3 (1) No permanent or temporary structure may be
erected, nor any structural alterations made without approval
in writing from the Management Company or its Surveyors reimbursing
any reasonable costs incurred.
Schedule 3 (8) No noise shall be created within the property
that maybe an annoyance to neighbours or that maybe audible
outside the property between 11pm and 9am
Schedule 3 (9) No caravan, trailer, boat or similar may be
kept on the property or the estate.
Schedule 3 (9) No one is to obstruct any part of the communal
areas at any time
Schedule 3 (10) and Schedule 4 (3) enforces any regulations
created by the Management Company.
Schedule 3 (13) Aerials or Satellite dishes are not permitted
without written consent from the Management Company.
Schedule 3 (14) Owners of private houses should redecorate
their house externally every 5 years in similar colours to
that provided in the original scheme.
Schedule 3 (Clause 15 to 17) reinforces (9) above and specifically
states that no parking is allowed in the Communal parts and
prohibits dumping or maintenance of vehicles on the estate.
Powers are given to the Management Company to remove abandoned
vehicles and recover its costs.
Schedule 3 Clause s 12 & 18 and Clause 8 of Schedule
provide that the front and side landscaping to the freehold
properties should be properly maintained as intended by the
original scheme and in the event of default the Management
Company may carry out the maintenance and recover the cost
from the property owner.
Schedule 4 (1) provides that the service charges be paid
within 14 days of demand and in the event of default, debt
incurs interest at 4% above base rate.
Schedule 4 (2) provides that concurrent with any property
sale that the present owner will transfer their share in the
Management Company to the new purchaser and for that purchaser
to enter into covenants with the Management Company.
The Fifth Schedule imposes upon the Management Company to
provide the following:
a) Insure against any liability from the use of the Communal
parts and facilities.
b) Maintain and repair the Communal areas and facilities
c) Maintain the lighting
Schedule 7 (4) empowers the Management Company to make Estate
Regulations.
Covenants in the leasehold title
to each of the individual leases.
Definitions in regards to Estate Covenants and Expenditure
are found in Section 1, Clauses (o) and Schedule2;
(q) and Schedule 6;
(s);
(t) and Schedule 7;
(v)
Clause 6 (d) gives the Management Company powers to make
Estate Regulations.
Schedule 2, Part 1 defines the estate maintained property
to include all the communal areas and access ways, also the
bin and gardeners store.
Schedule 6 (A)
1) Obliges the Management Company to maintain the grounds
and boundaries as defined.
2) Keep access ways clear
3) Repair the Service installations
Schedule 7 (1a) The Management Charges:
Each property on the estate pays 1.64% of the management
company’s expenditure
Schedule 8, Part 1 (1 & 2) provides that the service
charges be paid within 14 days of demand and in the event
of default, debt incurs interest at 4% above base rate.
Schedule 8, Part 1 (24 and 25) provides that concurrent with
any property sale that the present owner will transfer their
share in the Management Company to the new purchaser and for
that purchaser to enter into covenants with the Management
Company.
Schedule 8, Part II, Clauses 2 to 6 states that no parking
is allowed in the Communal parts and prohibits dumping or
maintenance of vehicles on the estate. Powers are given to
the Management Company to remove abandoned vehicles and recover
its costs. The Lease provides for allocated private parking
spaces but no caravan, trailer, boat or similar may be kept
on the property or the estate.
Schedule 8, Part II, Clause 10 provides that no noise shall
be created within the property that maybe an annoyance to
neighbours or that maybe audible outside the property between
11pm and 9am
|