So we recently purchased a new build on an ‘estate’ of 15 house’s. 13 of those houses were built by one developer and mine and my neighbours house were a separate development. During the purchase, we were made aware that we did not need to pay into a management company for the estate as we are a development of just 2 houses. And we would only be using the road through the main estate for access to our two houses.

Now a group of owners on the other builds ae deciding to setup their own ‘fund management’ for the estate management and are saying we need to pay into this?

As far as I am aware I do not need to do this, as we use the road purely for access, and this would almost be like saying that anybody who uses that road so postman etc would have to pay a maintenance charge.

Does anyone have any experience of this? I have sent an email to the developer and my solicitor as well for confirmation but will have to wait until next week for a response, so thought there might be someone on here who may know something.
Thanks in advance.

I live in an estate with no management fees but a resident’s committee was set up by some who decided to set up a fund to look after thing’s. Its not much £100 a year and helps get the grass cut etc. I don’t have to pay it legally, but I feel morally I do. It helps keep the place look nice and my kids play football on the grass so I benefit in some way, so I pay. I know lots who don’t. My choice.

I would have thought that if the estate needed managing there would be an official management company involved. Is that not the case? Who owns the road? What’s this “fund” funding?

I wouldn’t touch that fund with a bargepole. Once you’re paying in some neighbourhood little Hitler will decide that means you approve of and accept their rules and fund spending plans, and the next thing you know you’ll be asked to fork out a share of the Brexit street party celebrations or fancy new estate entrance gates or some such bullshit.

Polite letter declining their invitation is how I’d deal with it.

Now a group of owners on the other builds ae deciding to setup their own ‘fund management’ for the estate management and are saying we need to pay into this?

Tell them thanks but no thanks. Sounds like they might be trying to takeover from the management company, they can’t make you pay.

Assuming you have your access rights clearly indicated and no liability for the road (presumably unadopted) I’d keep well away.

Just read your TP1, it’ll be explicit in there if you do or not.

If you have right of access on their ‘land’, then all is well…. might be worth finding your transfer deed for the original sale of the land from the land owner to the developer if your solicitor passed it onto you

The counter-argument, I suppose, is do you want to be the one household on the street who “doesn’t pay road tax”?

There is a management company already in place, which we have not had to or been requested to pay into at any point. Whereas the residents in the larger development have done from the outset.

The neighbours believe they are not getting a good enough service from them so are looking at setting aside money to deal with instances as and when. Two issues with this, if something g major happens that requires a big spend for repair then the funds available may not cover it whereas a management company would have to cover the cost. Secondly and more importantly is this person is one individual who will have access to the funds, to do with as they please effectively. So don’t really want to pay into it!

Do you have access to a bargepole you could perhaps use to not touch it with? Their proposed solution is absolutely barking for all the reasons you’ve mentioned and more. Who’s keeping accounts? What happens if George at number 37 turns out actually to be really bad with money and spends the entire pot on coke and hookers?

After your last post I’m amazed you even have to ask. They’re replacing a management company you have no dealings with, how is it anything remotely to do with you if they decide to change their arrangements?

As m0rk says, check your title – it’ll record the terms of the access rights. I’d also be checking with the owner of the other property – good to present a united front when declining. Any liability should be only in respect of maintenance of the access road over which you have rights. If it’s a new road, it shouldn’t need maintenance for years to come. Might even be worth pulling a title on one of the houses in the estate and seeing what their obligations are.

Had dealing with an estate management comittee,theyre a group of power crazed fools, who have little or large vanity projects lined up,trivial little things take on monumnetal proportions, where as major items like fire safety, security and maintance seem to be ignored.

Just ignore them if you have a legal right to , as otherwise the service charges are going to rise to pay for legal bills an vanity projects, eg new electronic gates, a fountain etc etc.

What happens if George at number 37 turns out actually to be really bad with money and spends the entire pot on coke and hookers?

Eh? How is that being bad with money? 🙄 😀

As has been said, check what’s on your title.
If you are in Scotland, the management company may have to be registered as a Property Factor.

Private roads and grassed areas rather than adopted by the council? I live on an estate with no management fees – but I’m not sure how there could be as I have freehold on my property* and the “public” bit is adopted by the council. The council cuts the grass (on the public open space, we have no grass verges). Having taken part in the planning appeals on the new developments I know they’re the same – when completed any “public” areas get adopted by the council, with funding from the developer for future maintenance which goes to the council.

*only slightly complicated by also owning the shared access for a couple of neighbours at the front, I’m still not quite sure what the situation is with maintenance on that, but after 20 years the issue hasn’t yet arisen.

Funding? Is it a private road?

It’s a private road, not adopted by the council.

How do I pull a tp on another property?

With a few quid, start here .gov link for LR.

aracer, it used to be the case that a section 38 adoption was done at the back end of a development with the road becoming public highway. Given the costs of ongoing maintenance, and the debatable utility value to the public of what is usually a cul-de-sac, many councils are now seeking decent sums for section 38 adoptions which developers don’t want to pay at the end of the project. Recent (2014) Court of Appeal judgement involving Redrow homes if you want the full story. From my own experience, highways are very fussy about the standard of the infrastructure they take on,

Are there any property solicitors who would be able to assist me? I have pulled the resister for another property on the other estate and for the development but cannot make head nor tail of it!

I know it’s a big ask, but if you don’t ask you don’t get.

Cheers

I’m not a solicitor, but happy to take a look if want – email in profile. Note that as far as your legal obligations are concerned, it’s what’s in your title that’s important,

If you do live ON the estate then I suspect it would be normal for your neighbours to expect you to pay an equal share.

I can’t comment on the “legally required” bit.

When responding, bear in mind that the other 13 families may be blissfully unaware that you are not already paying fee’s to the management company.

No point charging in all legal and official, a quick chat may resolve the miss-understanding.

Is this Kommittee in addition to the management company?

No the komittee is instead of the management company.

The other issue is that the management fees they were/are paying to the current company would not have included any grounds maintenance etc on the two house development that I am on.

One letter to the solicitor who did your conveyancing will get you the definitive answer. It might cost a few £, but likely a damn sight less than you could end up paying each year in fees to the residents’ own management company.

Far as I can see, the OP already has a definitive answer. Some random neighbour has taken it upon themselves to set up some sort of drinks round and is demanding that everyone in the pub contributes. Even if you were part of the development paying into the official management pot I’d be telling them to jog on and do it properly.

Tell them “no” and get on with your life.

Unless there is a company mentioned on your deeds you have no obligation.

If it is an unadopted road there is likely to be a caveat which will make a provision for you to contribute to the upkeep of the road way or the services that are within it.

If they are taking over the management company, it will take quite a lot of effort on their part.

If you were asked for any money I would refuse unless the demand came via a solicitor.