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COMMONHOLD vol 8(1)

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COMMONHOLD vol 8(1)

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About this title—authors, overview

Commentary

1 Commonhold and Leasehold Reform Act 2002

2 Flats

3 Problems with the leasehold ownership of flats

4 Legislative reform

5 Other common law jurisdictions

6 The solution in England and Wales

7 Commonhold: responses to the problems of leaseholds

8 Uses of commonhold

9 Financial assistance for the provision of advice

10 Jurisdiction

11 What is commonhold?

12.1 General

12.2 Freehold units

12.3 Shared power and responsibility

12.4 Mutual enforceability

12.5 The commonhold association: functions and control

12.6 Payment of commonhold assessment

12.7 Developer’s rights

12.8 Standardisation and transparency

12.9 Majority control

12.10 Termination

12.11 Unfamiliarity

12.12 Taxation

13 The position of the developer

14 Commonholders and the developer

15 The position of commonholders: comparison with freehold schemes

16 The position of commonholders: compared with leasehold schemes

17 The position of lenders

18 The conditions to be met for land to be commonhold

19 Land which cannot be commonhold

20 Flying freeholds and commonhold

21 Registration of commonholds: general

22 Registration of commonhold: preparatory steps

23 Registration of commonholds: consents

24 Compensatory leases

25 Registration of commonholds: form and effect of consent

26 Registration and the position of chargees

27 Timing of the application

28 Registration of commonholds: application

29 Registration of commonholds

30 Registration without unit-holders: the transitional period

31 Registration without unit-holders: end of the transitional period

32 Registration with unit-holders

33 Extinguishment of leases

34 Liability for extinguished leases

35 Effect of registration on other interests in the land

36 Application to add land to existing commonhold

37 Removal of land from a commonhold

38 Commonhold units

39 Extent of commonhold units: legal requirements

40 Extent of commonhold units: some practical considerations

41 Rights and incumbrances on registration of the commonhold

42 Rights and duties in the commonhold community statement

43 Grant of easements by unit-holders

44 Desirability of appurtenant easements

45 Unit-holders

46 Tenants

47 Persons with home rights

48 Licensees and other occupiers

49 Rights and remedies of unit-holders

50 Dispositions: general

51 Land Registry searches

52 Other searches and enquiries

53 Consumer protection

54 Dispositions: transfers of whole

55 The transferee

56 Certificate from the commonhold association

57.1 General

57.2 Apportionment of the commonhold assessment and reserve fund levy

57.3 Membership rights

57.4 Implied easements

57.5 Conditional on amended commonhold community statement

57.6 Commonhold association to be party

58 Transfer of part

59 Change in size of unit

60 Alteration of the commonhold community statement

61 Liability of transferee of part

62 Notice of transfer of part

63 Leases of units generally

64 Leases of residential units

65 Compensatory leases

66 Shared ownership leases

67 Islamic home mortgages

68 Charges

69 Other dealings with units and part units

70 Common parts and limited use areas

71 Ownership of the common parts

72 Limited use areas

73 Rights and incumbrances on registration of the commonhold

74 Rights and duties in the commonhold community statement

75 Easements appurtenant to the common parts

76 Charges over common parts

77 Remedies of chargees

78 Other dispositions of common parts

79 Grant of easements by the commonhold association

80 Alteration of commonhold community statement

81 Commonhold association: general

82 Members’ agreement

83 Commonhold association: memorandum

84 Commonhold association: name

85 Commonhold association: articles

86 Commonhold association: alteration of articles

87 Membership

88 General meetings

89 Directors: appointment

90 Directors: developer’s directors

91 Directors: powers

92 Directors’ duties

93 Commonhold community statement: general

94 Commonhold community statement: release, waiver and estoppel

95 Commonhold community statement Part 1: introduction etc

96 Commonhold community statement Part 2: the commonhold

97 Commonhold community statement Part 3: commonhold allocations

98 Commonhold community statement Part 4: rules of the commonhold

99 Commonhold community statement Part 4: commonhold assessment

100 Commonhold community statement Part 4: reserve fund

101 Commonhold community statement Part 4: reasonableness of commonhold assessment

102 Differential contributions to the cost of services

103 Commonhold community statement Part 4: payment and interest on arrears

104 Commonhold community statement Part 4: diversion of rent due from tenant

105 Use

106 Commonhold community statement Part 4: insurance

107 Commonhold community statement Part 4: repairs, maintenance and alterations

108 Commonhold community statement: dealings

109 Commonhold community statement: amendment

110 Commonhold community statement: notices, registers and dispute resolution

111 Commonhold community statement: additions

112 Commonhold community statement: alteration

113 Development rights

114.1 General

114.2 Meaning of ‘development business’

114.3 Right to carry on development business

115 Development rights during the transitional period

116 Termination, surrender and transfer of development rights

117.1 General

117.2 Enforcement by unit-holders or tenants against the commonhold association

117.3 Enforcement by the commonhold association against unit-holders or tenants

117.4 Enforcement between unit-holders or tenants

118 Ombudsman scheme

119 Enforcement

120 Registration in error

121 Rectification

122 Termination: methods and consequences

123 Voluntary winding up: general

124.1 General

124.2 Proposals for transfer of the commonhold land

124.3 Distribution of the assets of the association

124.4 Occupation of units

124.5 Rights of unit-holders

125 Voluntary winding up: application to Land Registry

126 Voluntary winding up: termination

127.1 Purpose of termination by voluntary winding up

127.2 Rights and duties during the winding-up process

127.3 The role of the court

127.4 The risk of insolvency

127.5 Negative equity in units

127.6 Conclusion

128 Winding up by the court: successor to commonhold association

129 Winding up by the court: no successor association

130 Liability of members on winding up

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