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 CHANGES

The 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)