The answer is actually in the original deed. If on acquisition of the property and purchase, the original deed specified that a suitable majority was sufficient to take a decision and the purchasers signed up to that, they are bound by that. The resident association, or the management company if it is run by the resident association, would have that in mind when it took decisions. Both these amendments could be dealt with in terms of the original lease. In the event that a lease change is required, then you would need—to be fair, in my view—a 100% majority turnout, or proxy or whatever, of all the residents to take that decision to introduce these provisions into the lease. If that is done then it is fair, but to impose it on people who may be reluctant to accept it is quite wrong.
Housing and Planning Bill
Proceeding contribution from
Lord Campbell-Savours
(Labour)
in the House of Lords on Thursday, 17 March 2016.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Housing and Planning Bill.
About this proceeding contribution
Reference
769 c1992 Session
2015-16Chamber / Committee
House of Lords chamberSubjects
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2016-04-13 16:35:29 +0100
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