Resigning as RTM Director

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  • eagle2
    replied
    Although you can resign #3, the Company cannot accept your resignation if the number of directors falls below the minimum number #2, so as an officer of the Company, you are obliged to act in the Company's best interests and ensure that someone else is appointed a director to maintain the required number of directors.

    I suggest that you arrange a meeting of members and try to agree a way forward.

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  • ram
    replied
    Originally posted by MrSoffit View Post
    It's a hoot, leasehold.
    It certainly IS,

    But once no longer a Director or Company Sec, you can shout at them as much as you like.
    They can't sack you, can't force you out, can't make you pay more service charges just because you upset them.
    They won't talk to you or say good morning to you when passing, and I currently ignore them totally if seen outside, unless it's in writing.
    Demand ( after a year or two ) to see the accounts, the invoices, and if they don't allow you within about 28 days, that is illegal you tell them a court order can be issued, and they will have to pay your costs ( true or not )

    I now enjoy not being an officer in any form where i am a leaseholder ( after resigning ) as i constantly tell them which parts of the lease they are refusing to enforce, and even letters to me re my "infractions" - ( minor ) , some of which are deliberate to get a reaction, I shoot them down in flames, and hear no more. Will be my undoing one day but they wont enforce the lease cos it will cost them money,


    Sorry - i digress.




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  • MrSoffit
    replied
    Hi,

    Of course you can just resign. Write a letter to the registered office saying " I resign as a director of X Limited with immediate effect". No need to get bitter and rowdy. Hand back the keys to the company Rolls Royce and any company documents (insurance documents etc) to the company secretary, or tell the other directors where to come and collect. Keep all your own records for ten years. I warn you though (not as eloquently as RAM) that resigning can make you nervous as to what is happening to your management company and your service charges. I lasted a year and rejoined the 'board'. It's a hoot, leasehold.

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  • ram
    replied
    Downsides.
    You wont force their hand to do anything.
    They will just do nothing, no maintenence, no legal requirements implemented.( Saves them money )

    Possibility of the company being struck off because the others wont submit accounts to Companies house, ( saves the acountants fees ) even dormant accounts. which the first letter from them says they will fine you about £375, and if still not paid, expect up to £ 5000 fine - which the directors will have to pay.

    If struck off, you lose the freehold, as the freehold is owned by the Company, but if there is no longer a company, the Crown gains the freehold - but they wont run the place, and if you want to sell, you can't because there is no freeholder to contact, and no freeholder to enforce the lease re service charges etc
    And buyers will be told no mortgage can be given as no one ( legaly ) looks after the place so the lenders "asset" would deminish in price if they ever have to forfeit a flat for none paymeny, and they would not be able to sell either.

    Am currently in your position as an independant Company Secretary, with the same problems as you.

    Copy from recent email to directors, last week ---
    The directors refuse to have meetings, refuse to ensure ample funds in the bank, constant urgent requests to get money in to pay forthcoming bills, Wont abide by legaly required inspections, wont enforce the lease. A waste of time issuing ( for director approval) draft service charge demands, as they just wont agree, and wont pay.. Then i will seriously consider resigning shortly.

    £ 20 per week I get for all that hassle, ( excluding holidays ) and as an officer of the Company, I can be responsible ( as you can if you are a director ) for any injury or death inflicted on tenants or visitors if the "officers" were negligent in maintianing the premises in "Good and substntial repair"
    And as I am responsible ( as you seem to be ) for ensuring the maintenence is carried out, and I failed in my duty to carry out the maintenence, even through funds not being availabe, I could be prosecuted, and not the Directors.

    Your best bet is to go to the F.T.T. and state the other directors are refusing to enforce the lease, ,then after the "Determination" and if other directors ignor the "Determination", you will have to go to court with your "Determination" and judge should issue a court order to make the directors enforce the lease
    BUT, is best you resign, as if you are a director, a determination and court order applies to the freeholder, and you are a joint freeholder.

    If you prefer, you can go to the F.T.T. and apply for a manager to be appointed, look it up. But don't forget your pre action letter - as some web sited don't mention this.

    Must rush --





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  • Century
    replied
    Originally posted by Section20z View Post
    You need to check your M&A, you can't resign if it leaves the RTM with insufficient directors
    Yes you can

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  • Section20z
    replied
    You need to check your M&A, you can't resign if it leaves the RTM with insufficient directors

    Leave a comment:


  • MrT2014
    started a topic Resigning as RTM Director

    Resigning as RTM Director

    Hi,

    After several years as a Director handling the admin for our small RTM I've had enough chasing the other two flat owners/directors who contribute very little and endlessly footdrag when stuff needs to be done. 90% of my time is spent sending reminder emails and I'm pretty much done with it.
    I'm thinking of resigning as a director and leaving them to it, essentially to force their hand in contributing. I appreciate this might seem a bit extreme but I've exhausted all other possibilities to get them to do their share.
    Moving forward I'd be prepared to help out informally but its just that I don't want the legal obligation that comes with being a director (their intransigence in paying/agreeing to stuff means we haven't met basic health and safety regs among other things)

    What are the downsides of doing this and resigning as a director and just staying on as a member? It feels like the admin/upkeep of the block would go south but I'd benefit from less aggro & no liability moving forward for any non compliance with regulations.

    Thanks in advance


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