Ousting failing RTM co

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    #16
    Originally posted by ram View Post

    The reason to have a Manger appointed, is because
    "the RTM is failing to maintain the property", that is why the RTM has to be removed / changed, etc.

    Getting a manager appointed wouldn't give the freeholder control (unless they can persuade the tribunal to appoint them as the manager, without being too detailed about the way the building has to be managed), but it should mean that any maintenance work that is required gets done, and the leaseholders might then be made to understand that future costs would be lower if there was regular, ongoing maintenance instead of leaving the building to become run down again.

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      #17
      I don't particularly want "control" , I have no issues with RTMs in principle as often they will do a better job of maintenance than the Freeholder.
      Just not in this case - so if I could apply to appoint a manager I would take that route, sadly I can't.

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        #18
        Brief update, as companies house breaches department have written to the RTM about their refusal to provide me with the Register of Members and the director has responded saying I am being vindictive and he will only let me have it if I pay £400.00.
        Just waiting to see if CH put more pressure on him now.
        They have finally issued section 20 for some damp works but I assume it is invalid as a single director is prohibited from authorising any action other than an egm ?
        Originally posted by leaseholder64 View Post
        Even if you are not a member, they must provide you with the list of members. If you are a member, you can inspect it free of charge. If not there is a small charge they can make for inspection. You need to make the request in the right way. They can only refuse by obtaining a court order, which they wouldn't get and the penny pinching lessees wouldn't want to pay for. There is a charge for everyone if you want them to supply copies, but it is not very large, in the scheme of things.

        If you can document an invalid refusal, it would be worth contacting the breaches team at Companies House, to see if they can remind the director of the law.

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          #19
          The fee for inspecting is £3.50 an hour. The absolute maximum fee for a copy is £125, but there would have to be 100,000+ members to attract that fee. For most flat management companies it would be £35. The reasonable costs of delivery can be added, but they are not going to be more than £5, in my view.

          The £3.50 fee only applies to non-members.

          http://www.legislation.gov.uk/uksi/2...0072612_en.pdf

          If they consider it vindictive, they only way they can stop you having the information is by obtaining a court order. No normal flat management company is going to succeed in obtaining such an order; they are intended for cases like vivisection companies where there were hate campaigns against members.

          There is basically a strong presumption that this information should be available to the public.

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            #20
            I do not recommend that you become a director of the RTM Company otherwise you become responsible for its failings. You can take legal action against it but you need to consider the costs involved and whether or not you would recover them.

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