26/06/13
An open letter to the directors of “Upton Dene Residents Ltd” in response to the recent publication of new “Company regulations”(updated June 2013), and the creation of new “no parking” areas.
Directors:
A set of three questions to be
answered by the directors of “Upton Dene Residents Ltd”
1. I would like a written explanation from the
board of directors of “Upton Dene Residents Ltd” why they are attempting to
change the terms of our lease through rewrites of “Company regulations” instead
of using the appropriate route of shareholder debate and unanimous agreement,
followed by lease changes.
2.
I would
like a written explanation from the board of directors of “Upton Dene Residents
Ltd”, why they are choosing to ignore lessees rights “to use” our common areas,
“…at all times….for all purposes….” and I would also ask them to clarify what
legal basis they have to go against the lease. (THE SECOND SCHEDULE
above referred to EASEMENTS RIGHTS AND PRIVILEGES INCLUDED IN THE LEASE Page 19
paragraph 1.)
3. I would like the board of directors of
“Upton Dene Residents Ltd” to give me a written explanation why they are
willing to damage the reputation of our freehold and its properties by taking a
position contrary to our lease, I would also like a written assurance from
directors of “Upton Dene Residents Ltd” that any costs, legal or otherwise,
accrued by this unconstitutional attempt at changing the lease will be met
personally by them and that company funds will not be used.
4.
“Upton
Dene Residents Ltd”,
Breaking
the terms of our lease - the company liable for damages and costs?
To impose a no parking zone for
the first time in 32 years is a violation of the terms of our lease.
This ill-conceived project is
going to cost the company and shareholders a great deal of money in damages,
costs and legal fees, as well as damage to the reputation of the estate within
the wider property community for years to come.
The section of the lease
director’s claim gives them rights to create a “No parking zone”, at Upton dene
is;
“The right for the lessee and all persons authorised
by the lessee(in common with all other persons entitled to the like right) at
all times to use go pass and repass through along and over the
common parts for all the purposes incidental to the occupation and enjoyment of
the premises (but not further or other)”.
Our Lease; (THE SECOND SCHEDULE above referred to
EASEMENTS RIGHTS AND PRIVILEGES INCLUDED IN THE LEASE Page 19 paragraph 1.)
Director’s interpretation of this
section is skewed and wrong. The lease statement above does not, in any way
whatsoever, support the board of director’s claims……”you can drive in and out
of the garage driveway but not permitted to park”. Extract from a Letter posted to all shareholders from Upton
Dene Residents Ltd 24 June 2013
A truer statement of 19.1. is;
“The right for the lessee and all persons authorised by the lessee…at
all times………”
a. “to use”
b. “to go pass”
c. “
to
repass”
“…..for all the purposes incidental to the occupation and enjoyment of the
premises”……….
There are three verbs, clearly
stated, in this legal speak above (a,b,c) (page 19.1.).
1st “to use”, 2nd “to go pass”, 3rd
“to repass”.
The board of director’s whole argument is skewed and focuses only upon “to go pass” and “to repass”. Our
leases also give us the right “to use” the common
areas. A fact the board of directors ignore.
Leaseholders have the right “to use” the common areas, for “all purposes”.
Unless the board of directors
have found a definitive clause within the “THE SECOND SCHEDULE” (or in the
lease as a whole) that restricts vehicles specifically “to use”, common areas, then I believe, their whole case rests
on sand and runs contrary to the lease.
I believe the
“use” of common areas by vehicles is not a violation of the
lease and directors cannot make it so.
I don’t believe it can be more
clearly stated than it is in the lease;
“…….to
use…..for all the purposes incidental to the occupation and
enjoyment of the premises……”
The board of directors, by
attempting to remove the right to park on Upton dene property, will be in violation
of the lease and may be subject to claims and appropriate legal action.
The board of directors are
threatening to remove “to use” rights from
the lease (on page 19.1.) by imposing restrictive parking via a change in
“Company Regulations”.
If the board wishes to change the
lease it cannot be done through “Company regulation” changes. The board of directors are contravening our
leases by denying lessees’ “to use” rights
as stated in 19.1.
I believe that the board of
directors, by denying “to use” rights of
our common areas for parking, are, for the first time since the formation of
our freehold company, breaking the terms of our 999yr leases. They are
undermining our 999yr leases and that will affect the saleable values of our
properties.
“To use” in
the lease is not restricted, it is clearly stated. The board of directors of
“Upton Dene Residents Ltd” are however attempting to define “to use” and restrict it, via rewrites of “Company
Regulations”, that are contrary to our lease.
I understand the irritations that
come with being a director and not being in a position to impose laws as you
see them, but leases exist to protect against infringements of shareholders
rights. The law is the law, our lease is our lease.
I believe, if these infringements
of the lease are imposed by the board of directors, as outlined in the “Company
Regulations”, future buyer’s solicitor’s will inform their clients to the facts
and this will turn buyers away from Upton Dene and we will be stained with
“legal gossip” for years to come.
The seven members of the board of
directors for “Upton Dene Residents Ltd” are about to contravene the lease and
impose changes to our rights of “to use” on which
they have no legal standing.
The freehold company was
established in 1981, 32 years ago. And it is only now, for the first time, a
group of directors have determined to ban cars from a large part of our
freehold common areas.
This statement in itself should raise concerns.
This letter gives “creative
commons” online publishing rights to all as long as it is published in full or
a link is made to the original letter.
contact 4shareholderview@gmail.com
