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Restrictive covenants

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  • Restrictive covenants

    We purchased a new property from a developer in 2008. There are some covenants stated in the original contract.

    The management company for the development are imposing additional rules and quoting covenants that are not in the original contract we have.We have never received notification of these new covenants.

    One of the original covenants says...

    "At all times to comply with and observe any regulations made from time to time by the Company in respect of the Estate."

    Any opinions on whether these additional covenants are enforceable or not much appreciated!

    Thanks

    Colin

  • #2
    If that is the exact wording of the right to impose additional regulations, then the new regulations will almost certainly be enforceable. You might be able to challenge them if you can prove they were made in bad faith, but that would be very difficult.

    Most rights to make new regulations are subject to a reasonableness qualification; if this is so in your case, you might be able to challenge the new regulations as being unreasonable (if, in fact, they are)
    This is based on my experience as a conveyancing solicitor in England, but I do not accept liability for information I give in this forum

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