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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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We own a flat in a small block and every resident owns a share

Resolved Question:

We own a flat in a small block and every resident owns a share of the freehold. Every resident has a shed for storage but as new tenants we didn't have one. It was discussed at our AGM abd it was agreed we could have a shed in a certain area providing it was fenced and approved by chairman. It was agreed and work was due to start today however one of the neighbours who received the AGM minutes weeks ago raised an objection yesterday and our our shed won't now be built. Is this legal if an AGM established we could have one?
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

Did this resident attend the AGM and what is the reason for the objection? Who has said you cannot go ahead with the shed because of this sole objection?

What do your Articles of Association say about votes?
Customer: replied 3 years ago.

Hi. No this resident didn't attend the AGM - she never does. She did receive minutes though. The management company because of this objection have put our shed on hold. Every other resident has a shed. I have no idea on the Articles of Association?

Expert:  UKSolicitorJA replied 3 years ago.
Thank you.

You need to put pressure on the Chairman and Management Company as your shed was approved at the AGM and there is no reason why one resident who did not even bother turning up at the AGM can block your shed.

If your problems continue, you may need to go to court to seek an order allowing you to build the shed. In the interim, I would suggest that you approach a local conveyancing solicitor to assist you as they would need to look at the terms of the freehold, Articles of Association etc to see if the management company is justified or not in putting your shed on hold.

May I help further?
Customer: replied 3 years ago.

Thank you. One quick question - related! If the meeting was just a residents meeting when it was agreed (though it was an AGM I just want to cover all bases) would we then need to have an AGM to confirm what was said then proceed?


 

Expert:  UKSolicitorJA replied 3 years ago.
No, that is not a must, such matters may also be agreed at a non AGM if sufficient number of residents vote in favour of it.

All the best
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