Maisemore Gardens Ltd and its Council of Management.

The Articles of Association of Maisemore Gardens Ltd set out the establishment of the company to which we all belong (each house having one voting share).  The Council of Management comprises the elected directors of that company, who are registered as such with Companies House for the duration of their term of office.  The main functions can be derived from the lease. In summary, they are formally required:

1. To hold an Annual General Meeting of the membership each year.  Extraordinary General Meetings can also be called where needed.

2.  To keep account of:

a. All sums of money received and spent

b. All sales and purchases by the Association

c. The assets and liabilities of the Association.

3.  To collect the annual ground rent, expenditure on insurance premiums for parts of the estate which are used in common and a sum to cover costs of repairs etc. These are joined together as the annual subscription, the amount of which is agreed at the AGM each year.

4.   To set out requirements for painting and repair of the front elevation of each property and to approve any changes applied for.

5.  To examine and advise on any plans affecting front gardens, which should be maintained primarily as gardens – and to a standard that reflects the reasonable expectations of the community.  In fact, the Council has the formal power to enter any front garden for the purpose of maintaining or remedying any breach of covenant (the agreement signed as part of membership), provided that notice in writing has been given.  The Lessee has six weeks to comply, and would be liable for the cost if they fail to do so.

6.  To consider and approve any alterations or additions in or to the premises.  Applications must be made in writing and with plans in advance and work should not commence before approval has been obtained.

7.  To consider and approve any applications to remove, cut down, lop or maim any trees.  Again, applications must be made in writing in advance and work should not commence before approval has been obtained.

8.   Membership of the company ends when the property is sold and new owners become members.  The Council must be informed in writing so that transfer is formally accepted. (typically, the legal transfer of membership is undertaken by solicitors as part of the sale but has to be signed by two Directors).

9.   As stated in the lease, and in the case of last resort, where rent is in arrears or covenants, conditions or agreements in the lease are not performed, the Council of Management can enter premises and ‘hold and enjoy as if the lease on the property had not been conveyed’. 

How do we set about undertaking these duties?

The Council operates on the basis that they serve the community they represent and therefore seek to articulate, and if necessary enforce, their wishes.  While it would be unrealistic to expect a complete agreement on every issue, we nonetheless feel that there is general consensus for what we do – which is formally set and amended by the Annual General Meeting but developed continually through discussion and neighbourly interaction.  We have general sense that the overall coherence of the estate and the gardens is an important part of its charm but that, from time to time, modern living and innovation lead to an evolution in some parts of the specific guidance and requirements.  That is why we will always try to communicate with the wider membership and to obtain a mandate from the Annual General Meeting for making changes in contested areas of our policy.  Inevitably, but gratifyingly very rarely, neighbourly disputes may occur and it is important that the Council of Management, as your elected directors and the legal representatives of our company, are the final arbiters.  You gave us these powers in a recent AGM and we can assure you that we try very hard to resolve any disputes and, should that not prove possible, to make a decision that is fair and best represents the above sense of community and coherence.