Thank you. Yes, the covenants like this can be
challenged and whether the challenge fails or succeeds depends on how onerous the
covenant is and whether it goes further than is needed to protect the interest
of whoever put the covenant on in the first place.
This particular kind of covenant is called an "estate
covenant" and is the kind of covenant which is enforceable not but just by the
developer but by all the other properties on the development against each
Of course you can challenge this but I imagine
that the management company is not going to roll over and they would let you
litigate it. Litigating this kind of covenant is not cheap and it is by far
from risk free. You can check your house insurance to see if you have legal
expenses cover that would pay for the cost of this but in all honesty, even if
you have legal expenses cover I would be extremely surprised if it was covered.
There is no legal aid and if you went to court
and lost, you could face a legal bill in respect of the management company's
costs which could approach £10,000. It would be different if all the other
properties in the development fault same because a few hundred pounds each from
30 properties is a big chunk of money and if I were the management company, it
is not something that I would be wanting to fight.
The privacy issue I think is not a good argument
quite simply because the property is no different now than when you moved in.
I'm sorry, I appreciate that this is not the
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advise you truthfully and honestly, even if that answer is unfavourable.
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