COVENANTS: CHECK ON DEEDS AND LEASES
A
close examination of Quay property deeds and leases is underway
following complaints from some owners that covenants are being
contravened. There are said to be discrepancies in covenants between
property blocks and a sub-committee set up by the Residents’
Association was given the go-ahead to check the documents at the annual
general meeting. It is understood the contraventions have involved
noisy neighbours, property alterations, the installation of wooden
floors in apartment blocks and the appearance of ‘To Let’ boards and
washing lines. However, a note of warning was sounded at the meeting by
Clipper Wharf resident John Nettleton, who said the sub-committee
should use discretion in deciding exactly which issues needed to be
enforced. “If people’s quiet enjoyment of their home is affected by
thoughtless neighbours then something should be done,” said John, “but
we don’t want zero tolerance whereby people’s quality of life is also
affected by rules being rigidly imposed on what some of us consider to
be trifling issues.” His views were supported by Cutters Wharf resident
Riki Nelmes. Secretary Roy Pickering said the residency rules were
there for a purpose and added: “The framework of covenants sets agreed
standards and we signed up to these legally-binding articles in our
contracts at the time of purchase. Living in a close-knit community has
to be managed because not everyone is sensitive to others. Neighbour
against neighbour can be unpleasant and that is why the role of the
Management Company and the Residents’ Association is important.” He
concluded: “It is a sad fact that many of the difficulties result from
short-term lets where the owner is absent and not so concerned
personally about the well being of others.” It was agreed that any
proposals from the sub-committee would be relayed to the membership
through the block representatives before being discussed further with
the Quay Management Company.
QUAY PROTEST AT ‘ONE-WEEK HOLIDAY LETS’
Concern
over the short-term letting of properties at Exmouth Quay was expressed
at a meeting of the Residents’ Association Committee. Chairman Dave
Apperley said that one owner had complained to the Management Company
that lets as short as one week were being allowed at a neighbouring
house. Mr Apperley said the protesting owner had told the Management
Company: “One of the attractions for those of us who decided to make
our home at the Quay was the clause that prevented short-term letting
and required anyone who did decide to let their property to only enter
into agreements that were six months or longer, thereby creating a
stable community with people who appreciated the needs of living in a
dense residential area. You may or may not have been approached by the
owner in this particular case, but whether permission has been given or
not, the constant change of occupancy was not intended under the terms
of our covenants and I would ask that the covenant be enforced.” A
Management Company spokesman replied: “The relevant clause in the
Transfer is Clause 5 in the Third Schedule (Restrictive Covenants)
which states that the owner is not to ‘sub-let the Property nor allow
any other person to occupy the Property under a licence arrangement
holiday letting or otherwise for any period of less than six months
without the previous written consent of the Management Company…’ The
clause goes on to say that such consent may be granted subject to
regulations in force from time to time and it may be withdrawn if, in
the Management Company’s absolute discretion, the regulations have not
been complied with or it is considered appropriate in all the
circumstances.” The spokesman said it was not the purpose of the
clause, nor the policy of the Management Company, to prevent holiday
lettings providing the appropriate consent had been obtained and was
not subsequently withdrawn. He said the owner involved had sought and
been granted the appropriate consent and, as far as the management
Company was aware, the regulations were being complied with. “The
Management Company is not aware of any other relevant circumstances and
has no reason therefore to withdraw consent at this time. However,
should you experience any problems in connection with the tenants of
the property by all means let us know.”
ACTION ON WOOD FLOORS AND DESIGN CHANGESThe
Management Company has agreed to review some processes involving
property covenants at the Quay after a meeting with the Chairman of the
Residents’ Association, Dave Apperley, and Secretary Roy Pickering, but
it has defended its policy on short-term letting. The EQRA has received
complaints about wood floors in apartments and the Management Company
says it will ensure that when apartments change hands the purchasers’
solicitors will be sent a note asking them to make the buyer aware that
if there is a wooden or laminate floor it contravenes the covenants and
has not been authorised. The EQRA also expressed concern at changes in
property design. The Management Company spokesman said it had always
rejected residents’ requests to change the design of windows. He said
that although covenants stated that major changes to property design
were not allowed, such applications were decided by East Devon District
Council planners or, if necessary, an Inspector appointed by the
Secretary of State. However, applications were often made to the
Management Company in the first instance and the Company has agreed to
take soundings from the Residents’ Association on future requests. The
spokesman said the Company did not have a problem with short-term
letting if it was informed by owners that it was taking place, which
was the reason the issue was included in the covenants. “Once we are
told, we can encourage owners to make their tenants aware of the
covenants and residency rules,” he said. “If residents tell us, through
your Association, that there is a problem, we will write to the owner
and ask for the behaviour to be modified. If the problem persists, and
the let is for less than six months, we can withdraw permission to let.”
(April, 2008)