THE BY-LAWS
The By-laws 2021
edition
Introduction
The rights and conditions of living in Maisemore Gardens are
contained in three separate documents which are normally held
with the deeds of each property. They
are: The Lease (with schedules); The Licence for the use of
communal grounds at Maisemore Gardens; and the By-laws of the
Company. The
Lease and the Licence are legal documents which arose from the
origin of the estate in the 1960s.
The By-laws are approved by the membership at the AGM and may be
modified from time to time. Their
purpose is to clarify and expand on the Lease and Licence and to
incorporate other related issues which embody the wishes of the
community.
The Council of Management has responsibility to uphold all the
matters described in the three documents. The
Council’s work is also guided by The Articles of Association.
The Membership accepts the decisions, made on their behalf, by
the Council of Management. (Articles of Association Item 33). N.B.
There are some variations of the Lease document so the
referenced numbers below may not be accurate in every instance.
1. Environment
In order to help Maisemore Gardens to continue to be an
attractive, desirable and sought-after place to live, it is the
wish of the leaseholders that Members and tenants, their
children, relatives and friends should adopt a responsible
attitude towards the communal areas.
1.1 The use of the central green for unstructured ball games and
play by children of under eleven years of age is acceptable as
long as this excludes cycling, climbing or damaging trees,
damaging turf or making excessive noise. No child should be on
the green after 8 p.m. Any adult Member of Maisemore Gardens
Ltd. who observes children in breach of these rules should
require them to cease the activity. Subsequently the parents
should be informed of the action taken. Non-resident children
must receive the permission of a Member to play on the green.
1.2 The approach drives and garage areas between Nos. 25 and 26
and behind Nos. 70 to 74 are not public play spaces but are
provided solely for access to the garages by their owners.
1.3 The rear paths should be regarded as exclusive to
the properties that they serve and the occupants are responsible
for the condition of the paths. These paths may be fitted with a
wooden free-swinging gate, provided the agreement of all
concerned and the Council of Management is obtained.
1.4 Neighbouring leaseholders are encouraged to cultivate the
land bordered by: the rear access path; the boundary of the
estate; the extended lines of the flank boundaries of each
dwelling, and similar land not included in the individual’s
lease.
1.5 Pet owners should take every precaution to ensure that their
pets do not foul private or communal parts of the estate or
cause any other nuisance to Members.
1.6 Household wheelie bins should be placed out of sight as soon
as possible after rubbish collection. (See Lease Third Schedule,
item 4.)
2. Building
alterations, extensions, and developments.
In order to maintain the general appearance, ethos, functioning
of the estate (Lease items 9 &10) and to ensure the integrity of
the infrastructure, Members considering any changes must first
contact the Council of Management for advice on the correct
procedures and make provision for continued liaison with the
Council of Management during the work.
2.1 Any proposed change to a property must be notified to the
Council of Management and approved by them before any work is
undertaken (Lease 9 & 10). Detailed plans and specifications
should be supplied by the owner. Internal work does not need
approval unless it in any way affects the structure of the
house. Immediate
neighbours and anyone who may be affected must be informed of
the proposed changes by the proposer. The views of any member
will be
considered before the final decision is made by The Council of
Management.
2.2 The Council of Management must be satisfied that any planned
work that interferes with or impacts on the estate’s
infrastructure is addressed correctly. Examples are: the surface
water drainage of paved or hard-standing areas or any changes
that may impact ground water levels or any underground services.
2.3 The lease (Item 2.4) requires that the front elevations of
properties should be of a colour scheme approved by the Council
of Management. The colour scheme* of any property may not be
changed unless or until the proposed colour scheme change has
been agreed by all the owners in the terrace concerned to be
applied to all those houses in the terrace with the written
assent of the Council of Management.
*The colour used for garage doors must be one of those BSS
colours identified by the Council of Management on the website
maisemoregardens.co.uk
2.4 All house facades must be maintained regularly to a
satisfactory standard ie painting/cleaning etc.
2.5 No aerials, including
satellite dishes, shall
be affixed to the front elevation of any of the properties. Wherever
they are fixed they should not be visible from any adjacent road
on the estate.
2.6 Installation of solar panels must be approved by the Council
of Management for each property before they are installed.
2.7 No outbuilding, shed, fence or wall can be added to any part
of the estate without the express written permission of the
Council of Management (Lease: Third schedule: Items 3-6. NB
Some leases have different numbering at this point.)
3. Dinghy
Park
The dinghy park is managed by the Council of Management,
for the benefit of all Members
or their
tenants of Maisemore Gardens, subject to the constraints of
available space. Applications
for a berth should be made to the coordinator designated by the
Council of Management, and the boat must be registered with the
Dinghy Park coordinator.
3.1 All property placed in the Dinghy Park must be identified
with the house number of the owner.
3.2 Anything, which in the opinion of the Council of Management
is not a dinghy, may be granted temporary space only if the
written permission of the Council of Management has been
obtained for a fixed period and a fee agreed and paid.
3.3 Any vessel or other item which is in the dinghy park, and
whose owner cannot be traced, shall be deemed abandoned. The
Council of Management may dispose of it eight weeks after
informing all Members and tenants of their intentions.
3.4 Users of the dinghy park must ensure that the gates are
locked at all times.
3.5 The terms of the lease (Third schedule, item 4) prohibits
parking boats in front of properties.
4. Buildings Insurance
4.1 The Council of Management, shall be advised by each
leaseholder, in writing, of the name and address of their
insurance company and the policy number each
year (Lease
clause 12). This is for the assurance of neighbours. Any
change to the insurance policy during the year must be notified
to the Council of Management in writing.
5. Tenants
5.1 It
is the duty of the property owner to notify the Council of
Management as early as possible if their property is to be let
and confirm both the owner’s and tenant’s contact details in
case of emergency. The
property owner should also confirm that they have informed their
house insurer that the property is let.
5.2 Members letting their homes must make it known to their
tenants that they, the tenants, are responsible to an equal
degree for complying with the requirements of the Company.
5.3 Changes of tenant should be notified to the Council of
Management as early as possible.
6. Selling of property
6.1 The Council of Management (representing the company
freehold) has to be involved with the transfer of the lease to
any new owner. The
name of the company solicitor is available from the Secretary of
the Council of Management.
6.2 Members must advise the Council of Management when their
property is to be marketed. The
Council of Management will notify the Member of the required
procedure, and alert the company solicitor to any outstanding
matters in relation to the property.
6.3 Any costs involved with the company's solicitors in
connection with the conveyance or
any letting of
the property shall be met by the Member concerned.
6.4 Garages in the detached garage blocks may not be sold to
anyone who is not a current member of Maisemore Gardens Ltd.
Date of issue: November
2021
Supersedes the previous By-laws of May
2018