Service charge for car park area - advice please

[Jojo71]

Hello,

We live in a new build and have done so for 7 years. When we purchased the property we were told that there was a £5 a month service charge for the upkeep of the shared carpark. We share the carpark with 8 other houses and it provides access to another carpark which belong to a set of 6 flats. The flats have a border around their carpark of plants and this carries on to a grassy area in front of it.

Today we received the minutes for the AGM, this is mainly for flat owners as it is to do with their service charge for the flats, the car park does get mentioned but no one from the houses go as the meeting is dominated by problems with the flats, the car park just takes care of itself. However, upon reading the minutes it was proposed at the meeting that the landscaping cost be transferred to everyone who uses the car park. This increases the house owners cost by 100% and there is no extra charge for the flat owners as apparently this is already included in their service charge.

We have been told the increase starts in August and we are to increase our standing order.

Is it right that the flat owners can agree to push their landscaping charge onto the house owners? The landscaping provides no benefit to the house owners, it only makes the area around the flats look nice.

Does anyone have any advice please?

Many thanks
Jo

[paulajayne]

Contract / lease / purchase agreement is the first place to start.

What does it say Re; the parking / car park?

[Jojo71]

Thanks for the reply. I'm in the process of trying to locate it, I think it was just trying to find out if they could propose something at the AGM and carry it without warning that a vote on it was going to take place. If the area was communal I would understand it more but it is all within the flats border and of no benefit to anyone else, they have a sign on the edge saying 'private parking for the apartments only' showing it does belong to the flats.