Advice please

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    #16
    If other Directors are passive , get the information on alternative companies who can take over the service charge account.

    You can call a meeting of leaseholders and propose the change of managing agent as I have suggested.

    You can also get approval at meeting for your block and residents to request your local MP to join the APPG for leasehold reform .

    You write up the minutes of Meeting and mention Director X, Y and Z did not attend. If your other 2 leaseholders attend , you can pass the proposal and its all legitimate. And you can serve notice to terminate the agents service and give 90 days notice .

    But make sure every one of the leaseholders get a copy of the minutes.

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      #17
      Originally posted by leaseholder64 View Post
      michelle230 This is a good example of why commonhold will not work.
      I could not agree more. Nobody buys a leasehold property to fight for their rights. In a situation like this one, I would far rather be fighting for my rights against a third party/corporate freeholder with/without support from my fellow leaseholders than fighting my fellow leaseholders (whom after all, are my neighbours). Whilst it is laudable that the National Leasehold Campaign is agitating for change, I think that their rhetoric of wanting to abolish leasehold in favour of commonhold is naive and incredibly unhelpful. The RMCs and RTMs that I have personal knowledge of are riven with problems and most of them struggle to recruit and retain Directors because of this ....

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        #18
        If I remove him as a MA.
        I or the new MA's (I am thinking of doing it myself.) will need all the financial and general documents and I am quite sure he will not give any of that up.
        We had problems b4 and they wouldn't give us any bank documentation and I fear the current one will be the same or worse.

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          #19
          After you take over the service charge account, you would file a report at the local police station that the company documents are stolen. Its been done before .

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            #20
            Theft requires an intent to permanently deprive.

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              #21
              Originally posted by leaseholder64 View Post
              Theft requires an intent to permanently deprive.
              Then he can hand the documents over. If he has no intention of doing so then it is theft.

              Comment


                #22
                Originally posted by eagle2 View Post
                You can try complaining to ARMA if the managing agent is a member or you can make a formal complaint to him.
                ARMA removed themselves of this last year and will only take forward any complaint/action if it has been determined by another regulatory panel:

                https://www.leaseholdknowledge.com/f...agement-sector

                If the Estate Agency belongs to a redress scheme you will be able to raise the issue with them, however you would first need to exhaust the Firms Complaints Handling Procedure, the process will take 8 weeks before the redress scheme will look at the issue.

                Which redress scheme does the estate agency belong to?

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                  #23
                  Originally posted by pinathecat View Post
                  If I remove him as a MA.
                  I or the new MA's (I am thinking of doing it myself.) will need all the financial and general documents and I am quite sure he will not give any of that up.
                  We had problems b4 and they wouldn't give us any bank documentation and I fear the current one will be the same or worse.
                  The next managing agent you appoint may help you to claim handover of the bank account and unspent money , service charge arrears owed by the leaseholders, and current order on service providers ( cleaning and gardening, building insurance , electricity etc ) .

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                    #24
                    I was not suggesting that complaining to ARMA or a redress scheme was the best solution here, I was responding to a question, Incidentally, I am not sure what happened to ARMA-Q and their self regulating scheme.

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                      #25
                      Originally posted by pinathecat View Post
                      If I remove him as a MA.
                      I or the new MA's (I am thinking of doing it myself.) will need all the financial and general documents and I am quite sure he will not give any of that up.
                      We had problems b4 and they wouldn't give us any bank documentation and I fear the current one will be the same or worse.
                      I recommend that you do not manage yourself, it is much better to appoint an independent managing agent in this case. You would have a conflict of interest and your motives may be questioned. I suggest that you interview 2 or 3 agents and set out your requirements and see who best fits them, The new agent will assist you to recover documents etc

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                        #26
                        It is the directors who are appointed to make decisions and represent the leaseholders/members. There is no need to call a general meeting of members. You should keep minutes of the directors' meeting and inform the leaseholders/members.

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                          #27
                          I do not understand why commonhold has been raised within this thread, it makes absolutely no difference. Managing agents will continue to exceed their authority and the directors will still need to supervise them.

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                            #28
                            eagle 2 makes an excellent suggestion - if other directors do not attend , ask them to give their voting proxy to you.

                            If the current managing agent does not respect you as a Director of the maintenance company , it better to change rather than continue using that agent . ARMA is a trade association and will help their members i.e the agent , not you.

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                              #29
                              Originally posted by eagle2 View Post
                              I do not understand why commonhold has been raised within this thread, it makes absolutely no difference. Managing agents will continue to exceed their authority and the directors will still need to supervise them.
                              That's exactly why commonhold was raised. It was done to point out that it would not solve the problem, so was no use putting it forward as the panacea for all leasehold problems.

                              Incidentally, directors don't generally have proxy rights in board meetings. That role is generally handled by written resolutions, and it is likely that a unanimous decision would be required. The purpose of having actual meetings is that a real debate tends to produce better decisions than an immediate majority vote, although some articles may allow majority written resolutions, from directors.

                              Some modern articles have a concept of an alternative director, that is somewhat like a proxy.

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                                #30
                                He has emailed and said that if I want to see anything, I must pay him first AND he said that as I am troubled by this situation, HE would remove me as a director which would resolve this situation
                                Can he do that, as I didn't think he could?

                                On directors, 1 doesn't reside here anymore
                                What should be done
                                Who authorises it.
                                How

                                What is wrong with me running the maintenance, as I am always here 24/7. (Due to my disability.)

                                Comment

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