General information relating to this company and its obligations in respect of individual properties and the common areas
This company is responsible only for maintenance of the common parts of the area of Windmill Rise occupied by the 40 maisonettes numbered 19 to 58. The common parts are shown as the shaded area on the plan.
Our obligations are set out in the headlease under which the owner of each maisonette occupies the estate area. The relevant sections of the headlease say as follows:
Management Company obligations
1. At all times during the said term to keep insured the Lessor and Lessee against legal liability relating to all third party claims usually insured against under public liability insurance in respect of bodily injury illness disease and loss of or damage to material property resulting from the use by any person of the Communal Areas and also to insure and keep insured in full the Lessor and the Management Company against their respective legal liabilities to their respective employees in connection with any works which shall from time to time be carried out.
2. To maintain repair cleanse tend and renew whenever necessary the surface of the Communal Areas and the said dustbin area and all other structures and erections thereon.
3. To maintain repair and renew whenever necessary all lighting installations within or upon the Communal Areas from time to time and to pay all charges for electricity consumed by such installations.
4. To pay discharge and perform all rates taxes and other charges duties impositions outgoings and obligations whatsoever which now are or shall at any time hereafter be charged or imposed upon the Communal Areas.
We do not own the freehold of the estate area. That is held by the head lessee, Cherrybase Properties Ltd, of 40 Queen Anne Street, London W1M 0EL. Please note that the managing agents for Cherrybase, who deal with all matters on behalf of the freeholders, are Simarc Property Management Ltd of Elstree House, Elstree Way, Borehamwood, Herts WD6 1TA. Tel 020 8238 6380. All enquiries relating to the lease and payment of the ground rent must be directed to Simarc.
Decoration and Repair of Maisonettes
We recommend all purchasers of properties to ensure that the decoration obligations contained in the headlease have been adhered to. These are the responsibility of individual property owners. Under the terms of the lease external decoration is required to be carried out every three years and internal every seven years. The external decoration obligation includes rainwater goods such as gutters and downspouting, and all woodwork at eaves level, and on the gable ends of buildings where applicable. Equally, individual owners are responsible for the repair of such items.
Membership of the company
All property owners are required to become members of this company by completing a form on completion and returning to the company. Membership of the company includes the obligation to comply with the Memorandum and Articles of Association, copies of which are attached. Share certificates are not issued.
Subletting by owners
The headlease does not permit subletting and if the purchaser wishes to sublet it will be necessary to enter into a deed of variation of the lease, to which this company must be a party. Simarc will supply a draft document.
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