how can I get mgmt co to amend a "no ball game" rule?

[tina4]

Hey all, Would anyone know how managment co change an existing rule. At the moment There is a "no ball games" rule. Alot of residents want it changed to "No Hard balls". But agent have said that even if we had a majority vote to change it we would have to get a solicitor and change everyones lease agreement !!!!! Iv never heard of thiis be4 shurly a rule change doesnt involve all that!! does it? Any help greatly appreciated.

 

[ClubMan]

Re: how can I get mgmt co to ammend a "no ball game" rule?

I suspect that they are correct. If you read the management company lease agreement it should clarify whether or not this rule is contained therein. If it is then any change would require legal work. If in doubt ask your own solicitor for clarification of what's in the management company lease agreement.

 

[waltzer]

Re: how can I get mgmt co to ammend a "no ball game" rule?

We had huge problems with ball playing in our complex. Notwithstanding that there are clauses in everyone's lease agreement to say that it is prohibited and that we had signage everywhere prohibiting it, it is virtually impossible to enforce. In the end, it came down to a lot of ill feeling between the residents of the houses where the families lived and the apartments where the singles and couples lived. We got our management company involved and they were useless. Seems to be that unless you go down a very severe route of bringing residents through a legal channel for breach of lease contract, I don't think there's anything you can do. The burden of proof would rest with you as the complainant and when you consider that this would involve gathering proof of the children playing, you may be getting into dodgy territory.

 

[ClubMan]

Re: how can I get mgmt co to ammend a "no ball game" rule?

We got our management company involved and they were useless.

Are you sure that you don't mean managment agent here? After all the management company is owned/run by the householders. If the management company was useless then it means that the householders were useless.

Seems to be that unless you go down a very severe route of bringing residents through a legal channel for breach of lease contract, I don't think there's anything you can do. The burden of proof would rest with you as the complainant and when you consider that this would involve gathering proof of the children playing, you may be getting into dodgy territory.

I agree. Our management company agreement has rules against satellite dishes, aerials, certain alterations to the properties etc. but these have been breached by several residents (these breaches don't really bother me personally other than it being a bit annoying that some people play by the rules while others ignore them). While the management agent (at the behest of the management company) has written to residents about this and threatened action ultimately such action will cost the management company maintenance and possibly legal fees. Right now the management company (i.e. the householders) is not inclined to pursue this since it would mean that annual management fees would most likely increase. So, basically, some residents simply ignore some of the rules and there are no repercussions.

 

[waltzer]

It was the management company as the development is relatively new and was only last year transferred from the building company/management agent to the residents.

 

[tina4]

Hey all. Compex is affrdbl housin, When we moved in first we were on a "caretakers" agrrement because morgs were not ready. We all signed a list of rules and the ball playing rule was not on it. The interm mang co added it in so it was in place be4 we signed morgs. But i maintain that we shud av had a say in this as there are alot of kids dwn here and nowhere for them to play, there was ment to be a "play area" it was in the plans but when we moved in there was nothing and then they started placing rules on the kids. Know dnt get me wrong i totaly agree with hard balls being banned but in my case i have 4 boys i have to send my older 2 out of the complex. But my others r 4&2 and i was playing otside my door with a small soft ball the ones u can hold in your hand and this certain residens who got the balls banned in the first place started screming at me fm his bedrm windw about the ball!!!!! Lke OMG what harm cud a 2&4 do with a tiny soft ball. Now there would be a majority who agree that hard balls shud be banned and small soft balls be aloud. In fairness there is nothing for the kids to do.
Thanks Tina.

 

[KalEl]

That does seem a bit Victor Meldrew alright...I once saw a guy in our complex practising flop shots out on one of the lawns Mickelson style. There were cars all around and he was taking massive divots. The guy wasn't even that good. I was on my way out to have a word but a middle aged lady beat me to it. She gave him some serious grief!

 

[tina4]

Thanks for reply, he is unreal. All his kids are grown up so he seems to have forgotten what its like to have young kids. We had been told by the interm managment that we could change any rule as long as we had a majority vote but i never heard of everyones lease having to be changed. And this is the best bit i wrote to managment agent about him and they send me a letter saying they can do nothing about him but that i have not to play with the little ball that i should be bring my kids to the park (which i do) but its not always possible. If the rule was changed it would save alot of residents in here headaches because there is alot with young kids who feel the same as me. The managment co only seem to focus on a couple of rules and the rest of them are ignored !!!
Thanks Tina