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Notes for residents

 

Use of GWR company land

All company land is freely available to residents for leisure purposes. This does not include any activity that involves placing objects on the land or erecting a structure.

From time to time, residents may want to use company land adjacent to their property in conjunction with building work or property maintenance. If this is the case then the resident must seek permission. Unauthorised use of company land is regarded as trespass.

If the company permits such use then there is a fixed charge of £50 per month plus reinstatement costs. The reinstatement costs will be waived if the resident restores the said land to its original condition.  The above charge applies for small areas of land immediately adjacent to the residentís property. The charge may be higher if a larger plot is required. 

The above applies to residents only. Use of company land by non-residents is by negotiation and will be considered on a case-by-case basis.

 

Extensions on Garden Wood houses

The company has received an increasing number of enquiries from residents selling houses on Garden Wood. If the house has had an extension added, solicitors are demanding proof that the company gave its approval. This seems to stem from a clause in the deeds that states that approval is required. It is our understanding that this approval should come from the original developers who are no longer in existence. There is also a clause in our articles of association that states that residents should request approval for extensions from Garden Wood Resident Co Ltd. If you require such approval then submit details of the building work/extension for approval.  We do not require full plans but a site plan and a description of the work is useful. The company charges an administration fee of £25.

As a company we will not pursue anyone that does not have approval but residents may find they have problems if they sell their property.

Note that local authority planning permission, building regulation and other regulatory permissions may also be required.

 

Garden Wood Resident Co Ltd Tree Policy

When Garden Wood estate was built, the developers planted many new trees to supplement the existing ones. These have now matured and the estate is well endowed with trees large and small. There are no plans to plant any more although requests from residents for new trees will be considered.

The company is committed to maintain existing trees and ensure that the estate remains a 'Garden Wood'. Many of the trees are now quite large and the maintenance costs are increasing. It would be possible to spend significant amounts of money on tree maintenance but the directors try to keep residents' maintenance charges low so an annual budget is allocated for tree work.

The company cuts back and prunes trees within its budgetary constraints but does not remove trees unless they are dead, there is a safety issue or they are causing significant problems. Occasionally residents request a tree to be removed. Such requests will be considered but are unlikely to be granted unless there is a clear safety issue.

If the company has no option but to remove a tree then we do not generally consult or advise local residents. If there is an option then we will try to contact residents living close to the area of the tree.

Where residents request/insist that the company removes a tree because they believe it is causing or may cause damage to their property, the company reserves the right to ask the resident to produce a report from a professional to confirm that this is the case. The cost of obtaining this report shall be borne by the resident.

It is recognised that removing a tree can aggravate structural damage through heave or root shrinkage. If the company does remove a tree at a resident's request then the company will not accept responsibility for any subsequent damage. (January 2013)

 

£5 per annum maintenance fee increase agreed at 2011 GWR Annual General Meeting

Following the AGM on the 28 July 2011 it was shown how the Garden Wood estate maintenance costs have been rising since we introduced the standing order of £35 and cheque £40 in 2003.

It was approved unanimously by all residents attended the meeting that the maintenance fee for 2012, with great reluctance, has to be raised to the following:

Standing order: £40

Direct cheque or cash: £45

Late payment after 31 December: £100

PLEASE NOTE THIS IS FROM 2012.

All those who are paying by standing order are requested to ask their bank to revise the standing order to £40 from next year.

Jack Hill
Chairman, G.W. Resident Company Limited

 

Buying and selling a house on Garden Wood

(Updated December 2014) 

Garden Wood is a private estate. Although the roads and footpaths are maintained by WSCC, the community areas are owned and maintained by Garden Wood Residents Co Ltd. The company was set up for the sole purpose of maintaining the estate. All homeowners are allocated 10 shares in the company. The company is a non profit making organisation run by residents for residents. The details of this arrangement are set out in the deeds of all the houses on Garden Wood Estate.

To maintain the estate, an annual maintenance charge is payable.  This charge is set by the directors of the company.  The directors try to keep this charge to a minimum whilst still maintaining the estate to a reasonable standard.

When you sell a house on Garden Wood you should advise your solicitor and the buyer of the maintenance charges and the share certificate arrangement. Your solicitor will then apportion the charges and arrange the transfer of the shares. The maintenance charges are paid yearly in arrears and must be paid before the end of December. They are paid in arrears so an outgoing homeowner could owe up to the whole year's charges, depending on the time of year the sale is completed. 

When you buy a house on Garden Wood you should be advised of the maintenance charges and shares via your solicitor. Even if the vendor has neglected to advise the solicitor, this should have been evident from the deeds.  The vendor should ensure that the maintenance charges have been apportioned. Your solicitor should contact the Garden Wood Resident Company's solicitor to arrange the transfer of the shares into your name and the issue of a new share certificate. Note that homeowners who pay the maintenance charge by standing order pay a slightly reduced charge which reflects the reduced cost to the company. Standing order mandates are available from the company secretary.

The company's solicitor is Mayo Wynne Baxter.

The company's official address and that of our solicitors is:

The Studio, 43-45 Cantalupe Road, East Grinstead, West Sussex , RH19 3BL.   

The company can be contacted by email to gardenwood16@gmail.com or by letter to the company's office.

The maintenance charges are mandatory as attested to in the deeds of all Garden Wood properties. All refusals to pay are pursued through the small claims court and will result in a county court judgement.  The offender will have to pay court costs as well as the maintenance charges and will get a bad credit rating as a result of the county court judgement.  The company regrets the need for such action but non-pursuance would result in increased charges to the vast majority who pay on time.