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So, yes, they should have consulted.
Doesn't everyone know that?
I don't know! This shit seems complicated. The situation in a nutshell is simply that something was done that has cost three leaseholders more than £250 in one hit, i.e. its accounted for in one year. For what I believe to have been one piece of work. I think they should have consulted on it, both because it would have been the polite thing to do, but also because I think they HAVE to have consulted on it, like you say.
So now I feel slightly vindicated in that they should have consulted on it, I guess the question to ask is 'where are the consultation documents? Because I didn't see any.'?
I'd assume this question comes after they have supplied me with the contractor briefing and receipts for the work, that shows it was for a single piece of work, i.e. a door replacement?
Howard-
I don't know! This shit seems complicated.
It is. I was being ironic. Or sarcastic. Or something.
I guess the question to ask is 'where are the consultation documents? Because I didn't see any.'?
Good question to ask. I'd ask them to let you know when they served a consultation notice pursuant to paragraph 1(2) of Schedule 3 of the The Service Charges (Consultation Requirements) (England) Regulations 2003 and to provide you with a copy, and if they consider that the consultation requirements in Schedule 3 did not apply, to provide you with details of the works done, notifying them that pursuant to section 22(2) of the LTA85 you require the landlord to afford you reasonable facilities for inspecting the accounts, receipts and other documents supporting the summary of expenditure you've received and for taking copies or extracts from them.
Brommers
If it's a Long Term Agreement but the landlord is proposing to carry out works under that Long Term Agreement which would constitute Qualifying Works (which these would be if they're for a single piece of work since they're for more than £250) then the landlord still has to consult, but the consultation requirements are not those for normal Qualifying Works carried out outside the scope of a Long Term Agreement (found in Schedule 4 of the The Service Charges (Consultation Requirements) (England) Regulations 2003) but are those contained in Schedule 3, which are rather more limited. They still have to consult though. The regulation which specifically deals with this issue (qualifying works carried out under the terms of a long term agreement) is paragraph 7(1) of the 2003 Regulations.
So, yes, they should have consulted.
Doesn't everyone know that?