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