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Committee closing off Pedestrian Access

Posted: 04 Jul 2023 18:55
by emmafudge
Hi,
Our committee have decided to temporarily lock one of our pedestrian access gates to our complex, citing 'security issues'. they have stated if these gates are to be permanently closed then the owners will be allowed to vote on it, however this access is used regularly by a fair number of owners and residents who are not too pleased that the MC have taken this decision.

Are the MC able to make decisions like this without the owners' voting? The access gate was on the original plan.
Thanks

Re: Committee closing off Pedestrian Access

Posted: 05 Jul 2023 07:30
by Nigel Howarth
Hi Emma

I've been looking though the relevant law, but haven't found anything that prevents a Management Committee taking the action you describe.

A simple (and probably an acceptable) solution to the security problem would be to give all owners a key to the gates.

Regards,

Re: Committee closing off Pedestrian Access

Posted: 05 Jul 2023 10:31
by emmafudge
Thanks for the reply Nigel, its appreciated.

Re: Committee closing off Pedestrian Access

Posted: 05 Jul 2023 17:23
by Pantheman
Nigel Howarth wrote: 05 Jul 2023 07:30 Hi Emma

I've been looking though the relevant law, but haven't found anything that prevents a Management Committee taking the action you describe.

A simple (and probably an acceptable) solution to the security problem would be to give all owners a key to the gates.

Regards,
Nigel,

I would argue that as it is a right of way, with access rights for the owners that the MC cannot take such a unilateral decision without the owners consent.

In effect it is preventing access to their properties which they are not allowed to do. It may not be specifically written in the law, but it would be implied.

That's my take on it.

Re: Committee closing off Pedestrian Access

Posted: 06 Jul 2023 09:57
by Nigel Howarth
I take your point Pan.

Thanks