RMC have agreed to a requested general meeting but have created their own agenda

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    RMC have agreed to a requested general meeting but have created their own agenda

    Our RMC directors have been in place 3 years and after 3 years of increasing service charge costs and decreasing communication they have agreed to a general meeting on the request of members who want to understand how decisions are made and how we can appoint different directors who might be more willing to communicate. The service charge has almost doubled in 3 years with limited explanation and it seems the maintenance company are not being managed properly at all plus we had 2 years of no final accounts being issued as there was a dispute over an exceptional cost. The directors have sent out an agenda ignoring the general meeting topics and just doing an update on costs and explaining their duties. It feels like filibustering to use up the time and ignore the request for change. What are our options? In another thread someone mentioned the directors have to be reappointed after 3 years but I can't find supporting detail anywhere on that.

    #2
    You need to check your company MEM & arts to find out how directors are appointed and if there is a time limit

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      #3
      There is very limited detail, I think just standard M&A: any person who is willing to be a director may be appointed by ordinary resolution or by agreement of existing directors, nothing about removal except bankruptcy, health reasons and no time limit specified.

      Comment


        #4
        Then the only way to get rid of them is to get the members together to vote in some new sensible directors so you can regain control.
        Or sell your flat.

        Comment


          #5
          I think rather than leasehold this is Company law. A site I rely on is Swarblaw , sorry don't know how to provide link. It has forums on several law categories. Worth a try.

          Comment


            #6
            The unspent money in the service charge account belongs to the leaseholders and audited accounts can be demanded after 6 months from the end of the service charge account year. If the service charge year ends on 31 Dec , the audited service charge accounts should be available in July to leaseholders. You should demand a change of managing agent if audited accounts are outstanding for 2 years.

            Comment


              #7
              The purpose of calling a meeting was to look at how we remove/add directors but they have created an agenda that excludes that topic and have invited the managing agent along against member wishes. It seems the RMC board were party to the accounts being withheld as they wouldn't sign them off.

              Comment


                #8
                You are not wanting a directors meeting but a shareholders meetings. Get agreement from a sufficient number of shareholders to call an E.G.M to remove the current directors and appoint new directors.
                follow the correct procedure to give notification to relevant parties. You do not have to invite MA . I would do to take minutes and answer any questions relevant to deciding on directors. You pay for an MA. Make them do their job.. It's shareholders meeting. You dictate what is happening.
                If they don't turn up, proceed and then notify Companies House of any correctly made decisions.

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