Question

England | Permissions to Let Property (England) | Pre-tenancy (England)

Can the voluntary management committee that is elected to run a block of flats insist on decisions being decided by unanimity?

30 Jun 2021 | 2 comments

It concerns the need for a deed of variation to be added to my lease.  There is nothing in my lease which requires that such a deed of variation can only be permitted by unanimous agreement.

It is a block of 30 flats.  Most annual meetings of the owners have historically only been attended by less than half the owners.  The voluntary management committee is co-opted by a minority of owners.

Legal advice obtained by a neighbour, who is also an owner in the same block, is that it is established legal practice that majority votes are acceptable in the management of blocks of flats. English law assumes that it is impossible to obtain unanimity. Some owners may be away, or ill, or unable to attend an AGM.  Therefore it is not legally acceptable to insist on unanimity.  There is also no provision in the lease for there to be postal or email voting.  I know that in France, there is a legal framework laid down by the national government.  Is there such a thing in the UK ?  Any advice gratefully received.

Answer

2 Comments

  1. guildy

    Sorry but we don’t know enough about freeholder/leaseholder to know the answer to this.

    Please see the Leasehold Advisory Service who are very good and specialise in this type of thing.

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