Legal requirements of a resident’s association

The Estate has to be satisfied that any representations put forward on management issues reflect a consensus of the Residents’ Association and are not those of individual member(s) of the committee.

To that end, a residents’ association needs to demonstrate that it is truly representative of a majority of owners. It must be properly constituted, have elected officers and maintain a list of names and addresses of subscribing members, representing at least 65% of owners.

In certain circumstances, the Estate can accept a lower percentage of owners.  All residents’ associations are required to submit an annual return to the Estate, demonstrating compliance with these criteria.

Legal requirements of the Estate as freeholder

The Estate must provide leaseholders and residents’ associations with details of service charge expenditure and insurance cover whenever this is requested. We must also consult with leaseholders and the residents’ association before contracts are placed for major works (where the cost to each leaseholder is more than £250) or long-term agreements over 12 months (where the cost to leaseholder is more than £100). 

We follow the Royal Institution of Chartered Surveyors (RICS) Code of Practice ‘best practice’ guide for managing agents of blocks of flats in dealing with leaseholders. We are not a managing agent, but as a responsible landlord (freeholder) have adopted some of the principles. 

What can owners and residents’ associations expect from the Estate?

Contact with the Estate
Quick responses to issues raised
Meetings with the residents’ association
Consultation on ongoing maintenance works
Consultation on major building works
Garden maintenance works