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Housing Estates

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jonbob007 | 12:02 Mon 21st Jan 2013 | Law
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I live in a gated community of 6 houses. 3 of the residents want a new project to build a wall, replacing a good fence, at the front of our estate costing 10K. I do not want the wall and therefore will not agree and pay. The chairman is saying that all he needs is a majority and that I would have to pay and agree. I am saying that my only responsility is to contribute funds for repair, maintenace or replacement of community areas and equipment. Who is right?
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it will probably say somewhere in the gumph you solicitor looked through when you bought it
3 is not a majority however he looks at it, but bednobs is right this is one for your solicitor.
I agree with what has been said there will probably be a covenant that deals with this and you would be wise to consult the solicitor who dealt with the original transaction, if possible.
In most cases the lease agreements is to maintain the fabric that was originally built. You would be expected to pay into a sinking fund or cough up for repairs and ongoing maintenance. However any expenditure that constitutes and improvement to the site would fall outside of the leasehold clauses unless it was very specifically covered. Have to say this is unlikely but you need to read your lease carefully
The covenant will probably be for maintenance or upkeep it is unlikely to mention improvement. As mentioned the best person to deal with this matter is the solicitor or firm you first used for this transaction.

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