Appointing Property Manager

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    Appointing Property Manager

    Do shareholders/leaseholders have any rights to determine appointment of a property manager ?

    #2
    Leaseholders only have the right if the appointment is a QLTA. Agents generally try to avoid those, by ensuring that they contract for no more than a year at a time, but some do not know better.

    Shareholders only the right if the underlying company has the right, and a relevant resolution has been put to a general meeting.

    5% of them can force such a meeting, but the directors can reverse any decision, unless the resolution is done as a special resolution (which requires proper notice, and a 75% majority). Generally RMCs and RTMs have that right, but the company could also be Big Evil Property Milker Ltd, in which none of the leaseholders have any stake.

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      #3
      Thank you for a prompt, clear and informative response.

      Comment


        #4
        https://www.gov.uk/leasehold-propert...ement-disputes

        http://www.propertymanagemguide.co.u...t-of-a-manager

        Comment


          #5
          Much appreciated useful links. Although second not found have many sites.

          Comment


            #6
            I read the question as being about managing agents.

            For appointing a manager, the leaseholders would have a chance to express opinions, but not to determine the decision. Appointing a manager is sometimes used on share of the freehold when the majority of leaseholders are responsible for the mismanagement.

            Comment


              #7
              In Post #1, I read the question as :

              OP was asking about "appointment of property manage " for which one single leaseholder can make application to the FTT.

              Comment


                #8
                The directors are required to represent the members so if a significant number of members wish to remove the managing agent, they would be obliged to act in their interests, otherwise they would face being removed from office.

                Comment


                  #9
                  The duty is to act in the best interests of the members as a whole, which is not not same as a duty to follow their wishes. A typical example might be fire safety. There is a good chance that the members would wish to fail to implement or even have, a fire risk assessment.

                  I seem to remember cases where public company members have voted out a director, but they have been immediately re-elected.

                  Comment


                    #10
                    Could the OP please clarify "property manager". What one appoints is a "manager", there is no "property" in the title. I think the only place that "property manager" appears in the legislation is in relation of the need to belong to a redress scheme, even then it might not exist as that phrase. Posters often use terms like management company when they really mean managing agent.

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                      #11
                      Apologies. I realise it was a poorly expressed question. The situation is for replacing our property manager who is moving elsewhere.
                      the role involves keeping accounts, acting as Company secretary, ensuring work needed to fulfill lease is well managed. The RMC has overall responsibility. Apologies again.

                      Comment


                        #12
                        Democracy is supposed to apply to companies. Common sense and democracy do not always go hand in hand and we can all think of examples.

                        A resolution can be worded so that a person who is removed as a director may not be re-elected.

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