ArmASURGERY


Residents are nowcomplaining about loss of privacy


Can I resign? CCTV


QUESTION Iamadirector ofaRMCoforablock of 38 flats.Wehad a spate of security and break-in problemsand, afterconsultation, installedaCCTVsystemwhich each resident canmonitor fromtheirownflat.The security problemsappear to have beensolvedbut a group of residents arenowcomplainingof loss of privacy, fear that theirmovements andvisitorsare beingwatched,andwant the individualmonitoring facility to be stopped. Others feelmuchsafer in theirownhomes. What is the Company’s legal position?


ANSWERThe service chargeable items inmost modern leases contain a clause to the effect that additionalservices canbeinstalled fromtimeto timeanditisprobablysuchaclauseonwhich youreliedtoinstall this CCTV systemat aservice chargecost. Having done so,itisone of thecommon


services andthe Companynow has an obligation tomaintainitjustlikeall theother common services.Beforeyou installedit, theCompany carried outthe statutoryS.20consultationand it wasatthattimethatthose concernedwith privacyshouldhaveraisedtheir objections.I assumethat they didnot, probably because, at that time,itdid notoccur to themthat there might be a privacy problem. However, it is not only burglarswho are deterred


byCCTVsecurity systems: the risk ofimmoral or illegaluse of flats tendstobeeliminatedwhen this sort of security arrangementisinstalled and unsuitable sub-tenants tend to look elsewhere for accommodation.Mypoint is thatCCTVcamera


Definition


QUESTION Pleasecould youtellmewhat to underlet a flatmeans?


ANSWER Inmost cases, a lease of a flat is held


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direct fromthefreeholder who owns thewhole building.Someflatsare owner-occupiedwhich means that theoccupier is the personwho owns


the lease. Someflats are underlet,whichmeans that the occupier is some- bodywho pays arentto thepersonwho owns the lease of the flat.


systems do havemuch wider effects than just deterring burglars. TheUpper Chamber (the appeal bodyfrom the


LVT) hasmade it clear in more than one decision thatmanymanagement problemshave more than onesolutionwhich is within thebracketsof reasonableness and,merely becauseone answer is reasonable,doesnotmean that thereisno other reasonable answer. It wasreasonabletohavegiven lesseesa monitoring facility and, if lessees had objected at theconsultationstage,itwould probably have been reasonable not to have given lessees an individualmonitoringfacility.


Either decision couldhavebeenreasonable. If theCompany nowwishestoreverse itsdecision andremovethe individualmonitoringfacility, somelesseesmay challenge the original cost and subsequent removal costs, effectively seeking repayment.


Thereisafurther risk of thoselesseeswho welcome the additional security possibly taking legal action to prevent any removal. Legal action is always expensiveand risky. TheDirectors may wish to carefully consider the fullimpact of theCCTVsystemon the block,write out a short report to alllessees setting outthe experience of advantagesand disadvantagessofar,put thetwo points of view,and askfor consultation replies.Not only should such an exercise assist in establishing amajority viewand strength of feeling, it would also help to stop any risk of spreading misinformation and reduce the risk of anybody instructinglawyers andcommencingspeculative butpotentially expensivelitigation.●


QUESTION Iown a flat in a block of six flats, fiveown a share of freehold andwehave created a Ltdmanagementcompanythatwe self-manage. For about 10 years, I have takentheresponsibilityofthe accounts andmore recently taken on secretarialand administrative duties with service suppliers. I wonderedwhat choice/position I have to resign fromall this.


ANSWER Presumably you are unpaid andhavenocontract, inwhichcase youcan resignany timeyoulike. If so, one or more other directors will have to take on those responsibili- ties oremployamanagingagent. Forsmall blocks of this size,there has been a trend foremploying out- side help with companysecretarial and bookkeeping services, keeping otheraspects ofmanagement in house for the reason that a willing person canoften be foundfor that reduced role.


Try employing outside help Autumn2011 Flat Living


Ifyouhaveaquery, email it to


info@flat-living.co.uk


Allnamesand addressesare withheld


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