Confused as to who is in charge

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  • Sandy1986
    replied
    This is very interesting as the MC do everything with us. They call, decide the time and place and what is to be discussed. There is virtually no input from us. I don't want to take on more work from them but I do want to be kept in the loop.

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  • MrSoffit
    replied
    Originally posted by Sandy1986 View Post
    .
    Is it possible to have a meeting of the directors of HC to discuss that we are wanting to change MC without having the secretary there. That's why we haven't done this to date.
    You do not need a general meeting to decide to change the agent. Directors run the company and if the members don't want them doing so they can remove them.

    So hold a directors meeting and vote to remove them. Keep your own board minutes. We do. If the directors keep collective tight lips it will be a nice surprise, wont it.

    A company secretary role is no longer legally defined or even required. Directors can share oiut that role but in leaseholod it is usual to have the agent provdie the registered office and inform CH of changes. other than that they should be kept at arms length and always reminded you are a different company to theirs. You don't interfer in how they run their company do you?

    There's no law that says a company secretary must attend company meetings?

    Our RTM articles permit us directors to call directors' meetings and we don't invite the agent to those unless we wish to instruct them. I'm not pretending it is a constant battle of wits. They are institutionally unable to treat leaseholders as managers it seems: Dad's Army amateurs.

    We also create our own general meetng calling notices once a year and require the agent to issue them. They do. We don't let them chair them, mind.

    It is all for their own good.

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  • Sandy1986
    replied
    The MC have been reluctant to do anything regarding Covid and also recently after I asked them to do letters re the bins they sent them on plain paper signed 'on behalf of HC'. I should have said that 4 residents (3 households) have strongly objected to the notice going up. These are the residents who constantly broke lockdown rules last time and had the police called many times by residents. They have contacted the MC.

    Is it possible to have a meeting of the directors of HC to discuss that we are wanting to change MC without having the secretary there. That's why we haven't done this to date.

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  • MrSoffit
    replied
    Hi. Not wishing to sound harsh as I am on your side(!) the fact you have to ask this question on a forum is why MAs habitually hijack and run lessee landlords (HC Ltd in your case). On the other hand you gain a merit badge for noticing the absurdity.

    We always have to step in and do notices (fore risk advice etc) to lessees as a landlord company. If we waited for agents to communicate we could all be in gaol, I fear.

    We even do a newsletter and circulate it. Vexs agents who claim we shouldn't know our lessees' contact details. We simply point out we are joint data controllers as landlord company and crack on. It's called managing.

    Agents are called agents for a reason. They must act under lawful instructions at the wish of their landlord client (other than being asked to break a law).

    I assume you needed to act because they would not?

    If as you say two directors agreed to put up an informative notice to lessees in the name of the landlord company, just make it so. Whether in their role as agent or as company secretary (a mere admin role) MC has no executive authority over HC Ltd's actions.

    Proof of this is that HC Ltd could quietly go a-seeking a new agent, and when one was lined up who at least promised (they always do) to follow instructions, and assuming the existing agency contract has a standard termination notice period, HC Ltd could tell MC to b***** orf with two gees. No need to ask their permission.

    Power is never exercised well by sheep.

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  • Sandy1986
    replied
    Just to add the notice was a copy and paste from the Gov.uk website not my own personal opinion.

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  • Sandy1986
    started a topic Confused as to who is in charge

    Confused as to who is in charge

    We have 16 flats called HC. There is a limited company set up called HC Ltd. There are 3 directors. 2 are residents (I am one of these), 1 is not. We have a management company (MC) which as a whole is the secretary for HC Ltd.

    I have recently put up a notice after consulting with one of the other directors on HC headed paper signed by me as director. The MC has demanded that I take these down immediately in a long and rude email saying I had no right to put it up.

    Is the HC limited company unable to act on its own separately from the management company? I've left out the details but they have been funny a couple of times recently when asking them to put up signage which is why I used the HC headed paper. I don't appreciate being told I have no common decency like a naughty employee.

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