||Integral to the residents association are the legal bits, to which there are a number of documents. They clearly set out the rules, obligations and areas of responsibility for those involved: the 18 individual leaseholders, Summerhill Residents Association Ltd and the Freeholder; Sinclair Gardens Investments (Kensington) Ltd. In addition they also state how and when the building and grounds are to be maintained.
Memorandum of association:
Sets out the purpose of Summerhill Residents Association Ltd. In essence, our Residents Association was created and continues to exist for the sole purpose of maintaining the communal "Main Structures" of our building as well as our communal grounds and regulating the use of these areas
Articles of association
This is the "Rule Book" to govern the internal workings of our Residents Association. It lists the regulations that govern the running of a company, including the main business and purposes of the company, shareholder's voting rights, directors duties, general working and management practices.
When our flats were built, the freeholder leased the grounds and the communal parts of the building to Summerhill Residents Association Ltd for a period of ninety nine years. This document defines the "Main Structures" and "Grounds" and the Residents Association’s obligations to maintain these. The Main Lease was created expressly to manage the communal parts, though it should be read in tandem with the leases of the eighteen individual flat leases as together they form a "whole". If the lease is not extended or the freehold purchased then the grounds and the communal parts of the building will return to the freeholder in the year 2087
Lease for each flat
When our flats were built in 1988 the freeholder granted 99 year leases to each of the eighteen flats. It is these leases, rather than the actual ‘bricks and mortar’ that are sold when people purchase their individual flats. These leases provide the legal framework, rights and responsibilities for occupation of the individual flats by the leaseholders. If the leases are not extended within that time, the flats will return to the freeholder in the year 2087
For more detailed information, please download the attached documents