The By-laws
MAISEMORE GARDENS
LIMITED
Registered in England: No 714547
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
