C1Part 1Commonhold
Commonhold association
35 Duty to manage
1
The directors of a commonhold association shall exercise their powers so as to permit or facilitate so far as possible—
a
the exercise by each unit-holder of his rights, and
b
the enjoyment by each unit-holder of the freehold estate in his unit.
2
The directors of a commonhold association shall, in particular, use any right, power or procedure conferred or created by virtue of section 37 for the purpose of preventing, remedying or curtailing a failure on the part of a unit-holder to comply with a requirement or duty imposed on him by virtue of the commonhold community statement or a provision of this Part.
3
But in respect of a particular failure on the part of a unit-holder (the “defaulter”) the directors of a commonhold association—
a
need not take action if they reasonably think that inaction is in the best interests of establishing or maintaining harmonious relationships between all the unit-holders, and that it will not cause any unit-holder (other than the defaulter) significant loss or significant disadvantage, and
b
shall have regard to the desirability of using arbitration, mediation or conciliation procedures (including referral under a scheme approved under section 42) instead of legal proceedings wherever possible.
4
A reference in this section to a unit-holder includes a reference to a tenant of a unit.
Pt. 1: transfer of functions (11.4.2018) by The Secretaries of State for Health and Social Care and for Housing, Communities and Local Government and Transfer of Functions (Commonhold Land) Order 2018 (S.I. 2018/378), arts. 1(2), 11 (with arts. 12-14)