Right To Manage - Calling EGM

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    Right To Manage - Calling EGM

    Hi There,

    Our building operates under a right to manage company - with 5 leaseholders acting as directors.

    In all honesty, the building has become a disaster.

    What are our rights as RTM members to call an EGM to discuss this?

    #2
    Hi,

    5% of the RTM members can call a GM, send a request to the company secretary/MA acting as (if applicable).

    Comment


      #3
      If 5% of the members vote yes, are they obliged to hold the meeting with sufficient notice?

      Also - we are quite a big building. Are we entitled to a list of all members in order to invite them?

      Comment


        #4
        Please refer to previous postings on here, obtaining the members register can be quite difficult if opposed by either a MA or directors not acting in the best interest of the company.

        If you have the support of 5% of the members request that the company holds a GM.

        Have you communicated with the directors at all over this and received a response?

        Comment


          #5
          We have tried to communicate with the directors - there has been a lot issues in the building lately. Our main form of communication is a Facebook group but the directors moderate this, and they block/delete people and posts that are not positive - i.e, we've been discussing having a cladding report done as a lot of leaseholders are having trouble remortgaging (and simply, we just want to know we are in a safe building) and they refuse to let us discuss it.

          Edit - they've ignored all requests for an EGM.

          Comment


            #6
            Is the RTM company self managing or have they appointed an MA, if they've appointed an MA are they acting as company secretary?

            Send a formal request that the company holds a GM under S303 CA2006 and is supported by 5% of the members, include emails from the other members supporting your request.

            Send a letter attached to email to CS or all directors.

            If you have no success sending via email then send the request via registered post.

            See:

            http://www.legislation.gov.uk/ukpga/2006/46/section/303

            Comment


              #7
              All the members of the RTM have a right to inspect the register of members' names and addresses, at a few days notice, and free of charge. Absolutely anyone can request sight of the register for a small fee, or extracts for standardised copying charges. You have to provide information on why you want access and who else will be given the information, but they would need a court order to refuse without committing a criminal offence.

              The sections of the Act following 303 provide procedures for calling a meeting if the directors refuse to all it. The call has to be as close as possible to a normal call, but if membership information is withheld, I'm sure any reasonable method of reaching most members will be valid.

              Comment


                #8
                So what is the consequence of Pandongate House Management Co Ltd v Barton, High Ct (Newcastle District Registry), January 2019 where litigation against the company for its management of the building was outside the scope of the management of the company.

                The power of S116 CA 2006 was to enable members to raise matters about the management of the company, I believe the OP is raising matters about the management of the building.

                The High Court found that the request was not for the proper purpose in the above.

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