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if we went ahead with the work, would he have any comeback on us? the deed says that we are "required to decorate the exterior of the building in such a manner as shall be agreed by the majority...". do I understand this correctly that the 3rd owner (25%) doesn't need to agree to the work?
Interesting. Usually trustees have to make decisions unanimously, but given that wording it would appear that you can make decisions about exterior decorating by majority. It's not clear whether that's a majority by share of ownership (50/25/25) of simply per flat, but either way, you've got a majority combined with the other nice flat owner. Sounds like his objections can be overruled.
if he did take us to court, would we pay fees as individuals or would the freeholder have to pay (meaning we'd pay 50%)?
Generally costs orders made against multiple parties are joint and several, so you're both/all liable for all of it, and it's up to you how to divvy it up. As for how you'd fund your own legal costs, that would depend on the wording of the leases (whether legal costs are recoverable as service charges) and the declaration of trust.
is there any likelihood that he could have costs awarded so that we'd have to cover his share?
Seems staggeringly unlikely, frankly. You're doing something you're entitled to do, and redecorating the outside of the house in which he lives for free. If he took that to court, I expect he'd end up with a very angry judge and an order for costs against him, not you.
Brommers-
Thanks so much for your patience in helping me understand this. Our lack of understanding is causing a bit of stress.
Your reply is very reassuring although I'm slightly concerned now that by only giving you a snippet of that clause, I might have changed its meaning. Could I have one final question please and ask you to read the whole paragraph and confirm that my understanding is still correct:
So often as reasonably required to decorate the exterior of the Building in such a manner as shall be agreed by the majority of the tenants of the flats or failing agreement in the manner in which they were previously decorated or as near thereto as circumstances permit and in particular (but without prejudice to the generality of this covenant) will paint the exterior parts of the Building usually painted with two coats at least of good quality paint at least once in every four years.Btw, it's a south facing wall that hasn't been painted for almost 20 years.
Thanks again for your help!
Edit: I think that's the only place in the deed that it mentions a majority.
dinosaur
thanks very much for such a thorough reply!
the position that we are in is that we and one other flat are willing to pay for the work (external decoration) and it is the other owner who is threatening legal action.
if we went ahead with the work, would he have any comeback on us? the deed says that we are "required to decorate the exterior of the building in such a manner as shall be agreed by the majority...". do I understand this correctly that the 3rd owner (25%) doesn't need to agree to the work? his windows are in poor state so we have said we'd skip his frames if he didn't contribute so as not to be responsible for the condition (all the brickwork will be painted). Frankly we would paint his frames for the sake of an easy life.
the costs you mention are quite chilling! the decoration costs are much less than that. if he did take us to court, would we pay fees as individuals or would the freeholder have to pay (meaning we'd pay 50%)? is there any likelihood that he could have costs awarded so that we'd have to cover his share?
sorry I've come back with so many questions. I really appreciate your help so far.