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The installation of a satellite dish on the property where I live is prohibited by one of the sections in the Fourth Schedule to the Lease (Management Restrictions). The prohibition is clear and gives no discretion - i.e. with the premission of the Management Company.
One of the Leaseholders wanted to install a satellite dish. The Management Company sought advice from a solicitor who explained the the Management Restrictions "were not set in stone" and could be changed. Rather than go to the expense of changing the Management Restriction formally, the Management Company opted to "give permission" to the leaseholder to install a satellite dish and simply not enforce the prohibition as set out in the lease. Is there a way I could compel the Management Company to enforce the condition of the lease prohibiting satellite dishes and force the person who installed one to take it down? The offending leaseholder is one of two directors of the Management Company. Effectively (with a willing collaborator) he gave himself permission to break the rules. All leaseholders hold a one ninth share in the limited company that is the legal owner of the freehold. |
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You would need to get a majority of the shareholders to pass a resolution in a general meeting of the company to require the directors to enforce the restriction. I wouldn't know how feasible that is, nor whether it is worth the hassle and inevitable bad feelings that would result
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This is based on my experience as a conveyancing solicitor in England, but I do not accept liability for information I give in this forum |
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