- Background
- I already pay Council Tax – why do I have to pay again?
- So which areas are maintained by the local authority and which are excluded?
- Why does Atrium organise this work and not someone else?
- So we can change to another manager?
- I live in a flat. How am I affected?
- What if I don’t pay?
Background
Many people, when they buy their home, may not realise the full responsibilities that go along with it. Houses and flats sold by Atrium Homes are always subject to a Deed of Conditions. This document places a legal obligation on every owner within an estate to contribute to the cost of maintaining those open areas and footpaths which are not “adopted” (i.e. not under local authority control).
I already pay Council Tax – why do I have to pay again?
Council Tax is collected by the local authority to meet the costs of maintenance items which are the local authority’s responsibility. Council tax will not pay for the maintenance of areas within each estate which are the joint responsibility of all owners in the area. When the houses were first built, the landlord would have been responsible for maintaining the estates and would have recovered the cost from tenants’ rents. As houses were gradually sold, the responsibility was passed on via the Deeds of Conditions to each new owner, to ensure it’s not just tenants who end up paying.
So which areas are maintained by the local authority and which are excluded?
This varies from estate to estate but generally open landscaped areas, plays areas, minor footpaths, car-parks and parking spaces all fall within the common responsibility of the owners of the properties within the estates (including Atrium). Main footpaths (generally those 2 meters wide) are maintained by the local authority, along with distributor roads within the estate.
Why does Atrium organise this work and not someone else?
Atrium has been undertaking this role for a number of years and is willing to continue to do it to ensure open areas within the estates are well tended and maintained. Recently, we transferred the responsibility to our subsidiary company Atrium Initiatives, to administer the service on our behalf. However, the Deed of Conditions makes provision for this to be changed if the majority of owners want it to. There are a number of commercial factoring agents who operate in the area, any of whom would have the skills and experience needed to undertake the work.
So we can change to another manager?
Yes - provided the majority of the owners vote in favour of a change of manager. For obvious reasons, Atrium would not want to stop grass cutting, tree pruning, planting etc unless an alternative service is in place. So to avoid major maintenance problems Atrium will continue to exercise the role of manager unless and until the majority of owners in an estate vote to replace us with another body and so long as it is cost effective for us to do so.
I live in a flat. How am I affected?
If you live in a flat, as well as contributing towards the maintenance of open areas in the general estate, you will have specific responsibilities in relation to the block of flats in which you live. The additional responsibilities will be detailed in your title deeds. The title deeds will describe which items are the shared responsibility of all owners in the block and how costs are apportioned between owners. It is common for owners to use a “factor” or manager to ensure that routine repairs and maintenance are carried out and the appropriate shares recovered.
What if I don’t pay?
You have a legal obligation to pay. Failure to pay can lead to legal action to recover the debts. You need to be aware that if legal action is taken, it will include an action to recover all legal costs, over and above the cost of the initial bill.
