Hello, 4 flats, with share of contribution/voting 35/15/25/25. We own the freehold and manage it through a management company. 85% are trying to block (3 flats).
Clause in Flat 2 states:
The right to use as a roof terrace the area edged in blue on the plan annexed hereto together with the right to carry out any works in connection with the formation thereof and access thereto subject to first obtaining all necessary local authority consents"
The clause in all leases states, which we believe is our safety net:
"Not without the previous consent in writing of the Landlord to make any structural alterations or structural additions or alterations to the property or to the external appearance thereof"
The house is in a conservation area and was designed by a famous artist. The proposed roof terrace is half the size of our master bedroom and sits below the other two flats bedroom. Therefore we do wish to withhold consent and feel this is not unreasonable since we all disclosed to him before he exchanged our objection. So I am clear, as this is currently a flat roof, could this be communal property until it's made a terrace? Secondly, as he has put out a table and chairs already, could we stop him using it until he has permission?
So to be clear, if we say that we believe the outside of the property will be changed by knocking out a window and adding a door, and that it will change the achitecture of the building along with noise traffic (he's nocturnal and we can all hear him talking out there past midnight) is not reasonable under the freeholders ability to withhold?