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    Home » Who Is Responsible? Understanding Ownership in Communal Living
    Modern apartment buildings in Richmond, British Columbia, Canada.

    Who Is Responsible? Understanding Ownership in Communal Living

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    By JMJ Asset Management on March 31, 2026 Car Parking and Vehicle Chargers, Communal Facilities, Industry News, Insurance for Communal Areas, News

    When it comes to communal areas, outdoor space and even newer additions like EV chargers, one of the biggest challenges isn’t always the physical management, it’s understanding who is actually responsible.

    And in our experience, this is where frustration often begins.

    In a leasehold setting, responsibility is rarely as simple as people expect it to be. You might have a managing agent overseeing the day-to-day running of a development, but they are acting on behalf of someone else, usually a freeholder or a Resident Management Company (RMC). The real decision-making power often sits with the directors of that company, who are typically residents themselves.

    That distinction really matters.

    Because when something needs repairing, upgrading or introducing, whether that’s improving a tired communal hallway, maintaining outdoor green space, or installing EV chargers, the managing agent can advise, guide and implement, but they don’t usually make the final call.

    That responsibility sits with the client.

    For residents, that can feel confusing. You might report an issue or suggest an improvement and expect it to be resolved quickly, without realising there are layers of consultation, budgeting and approvals behind the scenes.

    For RMC directors, it can feel like a constant balancing act between doing what’s right for the building and managing the expectations of neighbours who all have different priorities.

    And then there’s cost, which is often where things become most emotive.

    Communal areas and outdoor spaces are shared, which means they are funded collectively through the service charge. This is one of the most common sources of dispute. Questions like “Why should I pay for something I don’t use?” or “Why are we spending money on that?” come up time and time again.

    You might have a resident who never steps foot in the garden, questioning landscaping costs. Another who doesn’t use the lift, challenging maintenance or replacement costs. Or concerns raised about cleaning frequencies, lighting, or general upkeep of communal hallways.

    From a legal perspective, the position is supported by the Landlord and Tenant Act 1985, which requires that service charges are reasonable and that works or services are carried out to an appropriate standard. It also gives leaseholders the right to challenge costs if they believe they are not justified.

    However, “reasonable” doesn’t always mean “personally beneficial”.

    In most cases, the lease sets out what costs can be recovered, and these relate to maintaining the building as a whole, not individual usage. The condition of communal areas directly impacts the overall environment, safety and value of every property within it.

    That doesn’t mean concerns should be dismissed.

    In fact, this is where good management and strong communication make all the difference. Explaining what costs cover, why works are needed, and how decisions are made can often diffuse tension before it escalates into formal dispute.

    EV chargers bring an additional layer of complexity. They’re no longer a “nice to have”, they’re becoming an expectation and installing them isn’t straightforward. There are considerations around infrastructure, power supply, allocation of spaces, and how costs are fairly distributed.

    There is also the legal position to consider.

    Many leases contain restrictions around alterations or additions to communal areas, particularly where this could impact structure, services or rights granted to other leaseholders. Installing EV charging infrastructure may require formal consent, variations to the lease, or at the very least, a clear review of what is and isn’t permitted.

    This is where obtaining appropriate legal advice is essential.

    Without it, well-intentioned decisions can quickly lead to disputes, delays or even challenges from other residents. Taking the time to properly understand the lease, and ensure any installation is compliant, protects not only the building but also those responsible for making the decision.

    At the heart of all of this is understanding roles.

    Managing agents are there to support, advise and deliver. RMC or RTM directors are there to make informed decisions on behalf of the building. Leaseholders are part of that ecosystem, with both a voice and a responsibility.

    When everyone understands where they sit, conversations become easier, expectations become more realistic, and decisions tend to feel fairer.

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    Delivering expert block and estate management services designed to protect your assets and support your residents. We bring clarity, care, and confidence to every building we manage. JMJ Asset Management | 01242 500 839 | [email protected]

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