Legal Help Needed!

[Pez]

Guys,

8 Months ago me and my partner bought a ground floor maisonette. We bought the property, and 1/8 of the freehold (Thus becoming shareholders)

When we moved in, we noticed that water was spilling over the rear guttering. We duely reported this to the maisonette above, in writting.

Nothing has been done about this.

Now, the management company met on tuesday, but myself and my partner were busy. A chap attending the meeting was sent to our door to ask if we were going to be attending, but with with the above in mind, we clearly could not.

I have recieved a letter through the door today, informing me that I have to pay £300 by the end of Jan for new gutters and facias for the block, and I also have to be part of a group buildings insurance policy thats about to be taken.

I already have buildings and contents insurance. But to make matters worse, our maisonette is currently up for sale, and also under offer.

Where exactly do I stand with having to pay for the above?, does the LTD company have the power to make decisions of this nature without full shareholder agreement, and more importantly, am I released from liability on the grounds that I pointed out the fault with the guttering just 2 days after moving in?

Any help hugely appreciated, given the crappy deadline for payment is 'The end of Jan'

 

[Dolph]

I would imagine that changes would require a majority, rather than an absolute decision (check the freehold details as it should be outlined there)

You should be able to obtain minutes of the meeting to find out exactly what went on, what the decisions were and how they were made. With regards to the communal fixtures, it's unlikely that advising of it before would change your liability, as you would still have been partly liable anyway for the repair.

I will point out, however, that IANAL

 

[sativa]

and more importantly, am I released from liability on the grounds that I pointed out the fault with the guttering just 2 days after moving in?

Unlikely, unless you can show that the damage would have been less had it been fixed the 8 months ago when you first informed them. Eitherway, you would have had to pay something to remedy the defect.

Obviously, I ahve no idea what the terms of your lease/mortgage/contract etc say.

Separately, you may want to check whether your insurance company will front the charge..