2 Directors of PMC in breach of their lease – options?

[GeeMan16966]

We just moved to a development in the UK that has 2 parts, the first part (A –ours) and (B – new development). One of the directors owned the leasehold but sold it and moved from A to B but still holds his directorship – can he do this even though he has sold his property? All owners are shareholders in the PMC.

Now there is common land throughout the development which stipulates in the lease (both mirrored leases) that no active recreation or games are permitted. Both directors - 1 from A and 1 from B play golf on the common ground. They are related and are the first to tell anyone, that they are in breach of their deeds. I have confronted them and told them they are in breach of their leases under covenants which they have acknowledged but still carry on regardless! What are my options as Company Secretary of the PMC for director of A? For B do I report her to their separate PMC?

It seems they have had historic attitude problems, with one rule for them and the lease rules for everyone else!

[Macromia]

Check the articles of the PMC.

It is not automatically the case that directors are required to be residents, but it does apply in many similar companies.

It should also be possible to get directors voted out and replaced with new directors - if you have sufficient support from other shareholders.

[GeeMan16966]

Check the articles of the PMC.

How do I get a copy of the articles of incorporation? None on HMRC!

[Gordon999]

Check the company's listing on Companies House website . It may cost £1 to download the Articles of Memorandum. .

[GeeMan16966]

The articles do not ention they have to reside at the place they manage. Do I just report director B to her seperate PMC and put the other director A on notice that if it continues the solicitor will be involved to force compliance to the lease?