Committee Report 2024

Wednesday 4 September 2024

INTRODUCTION

Your Committee was elected at last year’s AGM and comprises up to 6 Members. Unfortunately, two Members had to resign from the Committee during the year, and now we stand at a total of 4. We thank the two Members who were part of the Committee, John Alexander and Lynne Corder, for their commitment and time on the Committee. The current Members of the Committee accepted the following responsibilities for the year:

• Dan Lawrance – Chairperson
• Helen Arthur – Secretary and Communications
• Jennie Milne – Borders Council and Hudson Hirsel
• Peter Greenwood – FBRSeed

and deal directly with the agencies concerned, raising everything with the other Committee Members as necessary. We meet regularly and this generally works out at around 6-week intervals, depending on our perception of the workload. Emergency meetings can be held but we have not found this necessary this year. We have had other owners attend and address our meetings and also have invited FBRSeed and John Greenwell, our Councillor with responsibility for roads, to attend. We are trying to work in partnership with everyone.

The Committee is elected by the Owners of Leet Haugh and represent them on all matters to do with the Estate. It is voluntary and Committee Members have worked hard during the year to maintain the Estate in a good state of maintenance whilst paying due regard to costs. At this AGM all Committee Members stand down and, if they wish, offer themselves up for re-election. Currently, therefore, on completion of the main proceedings you will not have a Committee and one must be elected at this AGM. We have looked at trying to ensure that we have representation from all phases of the estate, so if you wish to volunteer then please put yourself forward and a vote will be taken on conclusion of the Report, together with any questions.

We believe we have built on work carried out by previous Committees and achieved the following, which will be reported in more depth during the meeting :

• Responsibility paper giving Owner, Factor and Committee Responsibilities. This was derived from the information available in a number of sources and brings it all together in one document,
• Site maps showing all hard landscaped areas and the responsibility for maintenance whether it be collective, council or individual. This cover roads, pavements and parking areas. We note that this aspect of the estate has the most risk with regard to ongoing maintenance which is why the Committee has recommended that each property owner keep £100 to £200 as a reserve in our accounts, allowing the monthly fee to cover the operational costs and a small contingency,
• Gardening map showing all areas that David covers,
• Re-negotiated the gardening contract with firmer contractual terms and a reduction in price. The contract and price will be reviewed annually,
• Working with the Council for roads and pavements, including gritting and other issues,
• Liaison with Hudson Hirsel for site defects associated with the Developer affecting us all. This includes acceptance of Landscaped areas before they are taken on by the Residents, and has also included the Lighting issues at Phase 5
• Defect Reporting and action system. Please note we do not cover individual issues, parking or disputes with neighbours. The only defect we currently have to rectify is loose coping stones at the car park at Kincham Loan. We expect this to be undertaken mid-September.
• Closer working relationship with FBRSeed with clarification of Finances, including a process for determining the monthly Fee. The Fee for releasing money in individual accounts has also been dropped,
• Communicating with everyone. Regular Newsletters and information have been sent out and we have now set up a webpage as a reference so that all can have access to basic information

SCOTTISH BORDERS COUNCIL

• The Committee have established a very good working relationship with Local Councillor John Greenwell who has attended some committee meetings. As a councillor he has improved our access to council officers using a fast-track system which has been established to enable councillors to obtain action/comment more quickly than would be the case for individuals or indeed such organisations as ours. This has already proved beneficial. The Committee would wish to record their appreciation for his assistance.

• An ‘account’ has also been established by the Committee which allows more direct contact with council officers.

• During the winter months a number of residents had difficulty exiting their parking places due to the ice, whilst, of course, salt is not required at the moment the Council did, following a request from the Committee, fill all the bins, most of which are not the responsibility of the Council but belong to Hudson Hirsel, so hopefully there will be adequate material in place for next winter. The Council have agreed to place additional bins at the top and bottom of Dundock Drive close to the block paved areas.

HUDSON HIRSEL

• An improved working relationship has now been established with Jamie Hudson as recently evidenced by early attention to reported problems, including the removal of fly-tipping, although within the ‘builder’s compound’, causing problems for residents in Cospatrick Court. Also, the closing of unofficial footpaths which would have damaged landscaped areas.

• Unfortunately, the street lightening at the North end of Dunglass Road is still not operational, however, following contact with various utility providers and contractors it has been established that there is a dispute between Hudson Hirsel and a contractor and the two are now attempting to resolve that dispute. The roads and street lighting in the area in question have not yet been adopted by the Council and in consequence your committee have no powers to resolve the matter, it is a matter between Hudson Hirsel and their sub-contractors. The Committee will however continue to hasten resolution of this matter.

• Phase 5 Landscaping was raised with the Developer and the Douglas and Angus Estates, and remedial work is underway to correct the Landscaping for us to accept. The work has now been started and once completed and accepted it will be maintained under the Gardening Contract. In addition to this there will be a fence erected to screen off the building site from the remainder of the site. We are anticipating this work will be complete by the end of September. It has been noted that access to the wood has been made through the fence causing a track on the area. As this area is now being landscaped and maintained we would request that this practice stop as it can become unsightly. There are two gate entries into the woods from the Estate, please use them.

• The Committee continue to establish the plans for completion of the development. Whilst the financial problems for builders, significant increase in costs of both labour and material against the level of house prices, it is reasonably clear that it would not be acceptable to the Hirsel Estate, part shareholders in Hudson Hirsel, for the site to be ‘moth balled’ for any significant length of time.

CAR PARKING

• Car Parking is becoming more of a problem with cars being parked on roads, pavements and grassed areas. Whilst this is not an area that the Committee deal with, we would encourage owners to park in their allocated spaces and be mindful of their neighbours and other road users. Common areas need to be always kept clear for emergency vehicles. This also applies to the 20 mile per hour speed limit. Your attention regarding parking and other aspects of restrictions in Leet Haugh is drawn to the Deeds of Declaration of Conditions which we have all signed. We do not really want to see double yellow lines around the estate.

DEFIBRILLATOR

• The Defibrillator is now in place at the top of the Green, many thanks to everyone concerned for the work that was undertaken to get it on site. It has already been called upon and taken to an emergency situation but fortunately not used.

INSURANCE

• The Insurance for the Estate covers the Owners for accidents on the grounds. We had estimated a 10% increase this year but at renewal we saw an increase of 11%. At the start of next year, we will look at alternatives, but it must be recognised that this insurance is reasonably specialised.

• We have also looked at Directors Insurance for the Committee Members, to cover decisions taken by them on behalf of the Owners. As the Committee are elected by the owners and work on their behalf, it could be considered that this is not necessary. It is worthy of discussion and would be in the region of £275 to cover us to £250K.

• Consideration has also been given to insuring our risk against damage and repairs to our common areas but following discussion with an insurance broker it is not considered viable so we will have to continue to bear the risk ourselves.

CHRISTMAS TREE

• I am sure we have all enjoyed the Christmas tree for the last few years and many thanks to those who helped erect, decorate and take it down. It is recognised that some effort has to be expended to do this and we also have to pay for the tree and this year we would have to repair the ground pipe holding the tree in place. A note was sent to all households regarding this and, following those who responded, a decision was taken that for the next year we would just decorate the oak tree and wall and then review in the new year. This will save us around £100 for the tree and also not require us to purchase additional lights as some were damaged in the wind. Dave, our gardener, is attempting to straighten the oak tree.

COMMUNICATION

• Your Committee has taken great pains to ensure that appropriate information has been transmitted to you in the form of notes, information etc from Committee Meetings in addition to other items that may have been of interest. We have tried not to bombard you but to keep you informed. A webpage has now been set up which contains essential information for owners and communications will be added as required.

RESPONSIBILITIES

• We have outlined everyone’s responsibility on the estate, which brings together information from a number of sources and should enable everyone to understand their responsibility as well as that of the Committee and our Factor, FBRSeed.

• Fly-tipping is illegal and has been observed both on the Estate and in the woods. Please do not do this.

FINANCES

• When the Estate was set up the Factoring Fee was initially set up with a £200 deposit and a monthly Fee of £25. Under Scottish Law it is a requirement for the estate to have a Factor and everyone has agreed to the Deed of Declaration of Conditions. Paragraph 7 of the Deed clearly defines the duties of the Factor and the Community.

• Over the past few years, the monthly fee has been reduced and the balance of annual spend taken from the initial deposit to the extent that some property owners have little in their deposit accounts. New owners will, of course, have a more substantial amount in their accounts. In order to ensure that the fund is maintained at a correct and reasonable level we have been working with FBRSeed to estimate the annual cost of maintaining the estate, whilst keeping some money in reserve against unforeseen major expenditure, such as Communal area repairs which are outwith the provision made in the ‘Operational Costs’. All monies are kept in individual Resident’s accounts and costs drawn down against them. Annual statements of accounts are issued so that each resident can determine what has been spent on their behalf and the amount remaining in their account. It is against this backdrop that we have recommended the retention of £100 to £200 in the owner’s accounts against these unforeseen expenditures, and in accordance with the Deeds of Declaration of Conditions. If an amount should need to be paid, by the Factor, which exceeded the amount in the Residents account then the Factor can demand payment in accordance with Paragraph 7.4. Paragraph 7.5 of the Deed of Declaration of Conditions advises that all monies are kept in a non-interest-bearing account.

• We are working closely with FBRSeed to ensure that Leet Haugh is maintained at the optimum level of repair and maintenance, commensurate with the Fees levied. Any monies paid are accounted for and, in the event of a Resident leaving, unused funds are returned when the new owner deposits their £200 deposit and commence their monthly fee.

• Everyone has received a calculation of the Operational cost estimate for 2024/25. This meant that £24 would have been levied from 1 April 2024 but the decision was taken to delay this until after the AGM in September, have the discussion, and to levy the amount of £26 from 1 October. This was taken to allow the calculation to be studied, an explanation given at the AGM and for Residents to adjust their Standing Orders. The Committee would hope that this level of increase would be unnecessary in future years as we will be starting from a higher base in the future. Anything left over from the Operational costs in each year will be retained in the account and is not lost. If anyone has over the recommended amount of Deposit in their account can request FBRSeed to return an appropriate amount. Unfortunately, we are not immune to cost increases and we have all seen some major cost increases over the last few years.