Management Committee "Rights"
Posted: 28 Jun 2013 19:56
I notice that most of the properties for sale on complexes which have an independent [i.e. not the developer] management committee, also come with a set of "rules"
It seems to me that in terms of the obvious common area maintenance fees and the owners required contributions to upkeep etc., these make tremendous sense, however most [it seems to me] stray out of the legal [safe use of the pool etc.] and financial requirements, and wander into areas that are, I feel, essentially none of their business. This includes things like how many pets one may have and of what type, if one is allowed to fit shutters on the property, even down to if one is allowed to hang towels from the balcony.
Does anyone have any experience of how these rules are applied/activated? Especially in terms of:
Does purchasing a property automatically bind me to all of these rules as a condition of sale, even the non-financial/legal ones?
Can a Management Committee legally apply any sanctions for the breaking of the discretionary rules [with the exception of course of calling the Police if I am breaking the law?]
In specific terms, I am particularly interested in the in the pet issue. I am, generally speaking quite happy for my tenants to have pets. If I purchase a property on a complex where the management committee have decided pets are not "appropriate" must I of necessity change my rental terms to exclude tenants who have pets, and does the management committee have any actual sanctions they can bring to bear should I choose to allow it?
I actually feel that these rules actually provide a "let or hindrance to my full enjoyment of the property" and are therefore probably practically unenforceable, but I'd be interested to hear of anyone's practical experience of this
It seems to me that in terms of the obvious common area maintenance fees and the owners required contributions to upkeep etc., these make tremendous sense, however most [it seems to me] stray out of the legal [safe use of the pool etc.] and financial requirements, and wander into areas that are, I feel, essentially none of their business. This includes things like how many pets one may have and of what type, if one is allowed to fit shutters on the property, even down to if one is allowed to hang towels from the balcony.
Does anyone have any experience of how these rules are applied/activated? Especially in terms of:
Does purchasing a property automatically bind me to all of these rules as a condition of sale, even the non-financial/legal ones?
Can a Management Committee legally apply any sanctions for the breaking of the discretionary rules [with the exception of course of calling the Police if I am breaking the law?]
In specific terms, I am particularly interested in the in the pet issue. I am, generally speaking quite happy for my tenants to have pets. If I purchase a property on a complex where the management committee have decided pets are not "appropriate" must I of necessity change my rental terms to exclude tenants who have pets, and does the management committee have any actual sanctions they can bring to bear should I choose to allow it?
I actually feel that these rules actually provide a "let or hindrance to my full enjoyment of the property" and are therefore probably practically unenforceable, but I'd be interested to hear of anyone's practical experience of this