Resigning as RTM Director

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  • eagle2
    replied
    If you cannot persuade the other leaseholders to share the workload and act responsibly then selling is probably your best option. You are unlikely to be happy with the way that the block is run by the others if you resign and employing a managing agent is not really an option for a block of 3 apartments. I definitely do not recommend taking legal action against your fellow leaseholders or applying to the FTT to appoint a manager.

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  • MrT2014
    replied
    Thanks for all your replies & input. On the one hand I don't want to resign and cut off my nose to spite my face. But 7+ plus years of trying the carrot/stick approach with the other leasholders hasn't worked. They can't grasp (or choose to ignore) that it will cost many times more to ignore issues or hire a managing agent. Like Ram suggests perhaps it's easier just to sell and be done with it!

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  • ram
    replied
    Originally posted by eagle2 View Post
    Just one question, are you practicising what you preach, are you selling your leasehold property?

    Selling my leasehold property ? you ask, because I told MrT2014 to sell up.
    But I take no prisoners, don't care what I say if it's the truth ( of course in legal proceedures, one has to be delicate with ones words )

    I find a lot of people, when advised what to do, are too scared to go to the F.T.T. or to court even after an F.T.T. draft application has been prepared, as they are worried about the backlash from the other directors. And this is the very first time they have had to resort to the F.T.T. and the first encounter with rouge directors promising to do better, which they never do. I've seen it all before, the other directors are not interested and wont do anything, hence sometimes advising to sell up as not many people go all the way to get justice,

    But in the meantime, and this may be of interest to MrT2014, as I am no longer a Director, will be suing them for every penney they have, for refusing to maintan the place by ignoring certain maintenence, taking money for same but just not doing it, malicious actions causing severe distress anxiety and ill health to other leaseholder in my flat. Historical neglect going back 12 years, and for damages ( £ )
    And there is nothing the now freeholder can do to me. I can, and will do a lot to them

    Once that is done apply for F.T.T. a manager to be appointed and the service charges will sky rocket.
    So with damages action, and historical neglect which should cause the directors have to pay me back the difference between what the work would have cost 12 years ago, and costs paid out recently, and future jobs that will have to be done also subject to historical neglect, the Directors ( Actually pretend directors ) are going to have to take out massive loans.





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  • eagle2
    replied
    Returning to the original question, there must have been reasons at the outset to volunteer to be a director and I suspect that those reasons remain today. If you can persuade the other members to contribute their share of the workload, I would recommend retaining a watchful eye over them. If the RTM fails to comply with regulations, the members will become responsible for picking up their share of the costs.

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  • eagle2
    replied
    Originally posted by ram View Post

    If you don't want me to pass on my real life experiences, then please formally say so.

    But your request will be denied.

    No hard feelings. Keep up the good work.[/FONT][/SIZE]
    Please continue, they are very entertaining, in fact I am considering adding as a postscript to my postings that if the recommended action does not work, you should be employed to sort every one out.

    Just one question, are you practicising what you preach, are you selling your leasehold property?

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  • eagle2
    replied
    Originally posted by fos333 View Post
    Why can a managing agent file the TM01 for the only director of a RMC then, given the AoA required the company to have a minimum of two directors.

    This happened with ours and left the only officer of the company being the managing agent acting as the company secretary.

    Companies House had no problem allowing the director to resign, however started strike off proceedings when the confirmation statement wasn't filed.
    That is clearly wrong, the director and the agent should have ensured that the Company had the minimum number of directors at all times. It is unethical of the agent to become the only officer of the Company and create a conflict of interest whereby it is responsible for employing itself. Whilst Companies House may have accepted the TM01 form, it would not stop it or others taking legal action against the Company, as it did, or the previous directors.

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  • Gordon999
    replied
    You ( as director of the RTM ) can appoint a local managing agent ( under an annual service agreement for one year , and subsequently subject to termination by 90 days notice from either side ) to do all the service charge admin work .

    Don't resign as Director and let the admin of building go south. Stay in control until another leaseholder becomes Director.

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  • fos333
    replied
    Why can a managing agent file the TM01 for the only director of a RMC then, given the AoA required the company to have a minimum of two directors.

    This happened with ours and left the only officer of the company being the managing agent acting as the company secretary.

    Companies House had no problem allowing the director to resign, however started strike off proceedings when the confirmation statement wasn't filed.

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  • MrSoffit
    replied
    " I've had enough chasing the other two flat owners/directors " The OP says there are three directors, two doing nowt? If the OP wants to resign, the "company" has no grounds to stop it. There is no 'minimum' issue in this case?

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  • Section20z
    replied
    Shows the importance of using caution when getting advice from some bloke off the internet. A company can't act without it's minimum number of directors and therefore can't submit a resignation.
    Obviously for an RTM there is no need to worry about the Freehold reverting to the Crown but still best not to close down the company as you could lose the hard won control.
    Best advice is sort it amongst yourselves....

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  • ram
    replied
    Originally posted by eagle2 View Post
    Perhaps Ram is providing a sales agency now.


    If you don't want me to pass on my real life experiences, then please formally say so.

    But your request will be denied.

    No hard feelings. Keep up the good work.


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  • eagle2
    replied
    Originally posted by MrSoffit View Post
    Hi, I'm interested in #7's source of advice? As a long time jaded RTM director I have had cause to research the issue of resigning.

    Nowhere did I find in any legal source that the Board must accept a resignation for it to apply. Unless there is a director service agreement stipulating a notice period - and this is an RTM company which I suspect has no such agreements or even a members register?

    On receiving a written resignation, the company must inform CH using form TM01 and record the resignation in its directors register. I'd bet a jam sandwich there is no directors register either?
    s155 CA 2006 states that each Company must have at least one director who is a natural person. The Articles may set a minimum number of directors, which is greater than one.

    The Company must comply with the legislation and with its own Articles therefore it cannot accept a resignation which would take the number of directors below the minimum, it must seek another director first,

    Companies House used to check the forms and reject them if there was not at least one director remaining. Nowadays, they allow the Company and the director, who considers that he has resigned, to face the consequences..

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  • eagle2
    replied
    It is a common feature that one person volunteers to perform duties and others sit back and do next to nothing, it would be much better if the workload was shared evenly at the outset. It isn't too late to have a meeting with the members and explain that you are unwilling to carry out more than your fair share.

    If everyone sells when they encounter a problem, there will be a lot of selling, perhaps ram is providing a sales agency now.

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  • MrSoffit
    replied
    Hi, I'm interested in #7's source of advice? As a long time jaded RTM director I have had cause to research the issue of resigning.

    Nowhere did I find in any legal source that the Board must accept a resignation for it to apply. Unless there is a director service agreement stipulating a notice period - and this is an RTM company which I suspect has no such agreements or even a members register?

    On receiving a written resignation, the company must inform CH using form TM01 and record the resignation in its directors register. I'd bet a jam sandwich there is no directors register either?

    It is of course known for all volunteer RTM directors to b****r orf en masse, leaving the company to be struck off. That is not wise. If there are three left now, leave now and leave the last one to turn the legal lights out before they resign and leave you to do it. Just my opinion.

    Or take some meds and struggle on. The definition of insanity is repeating the same actions in the hope that this time against all previous experience you will make a difference. meanwhile you are also a Responsible Person for fire risk management. If nothing else that might keep up screaming at the moon about your fellows.

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  • ram
    replied
    Originally posted by eagle2 View Post
    Although you can resign #3, the Company cannot accept your resignation
    I suggest that you arrange a meeting of members and try to agree a way forward.
    There are at least 2 directors possibly 3 as per statement
    "I've had enough chasing the other two flat owners/directors who contribute very little and endlessly footdrag when stuff needs to be done"
    .
    AND there will be a minimum of 1 director if MrT2014 resigns, and it will be up to THAT director to ensure there is a minimum number of dirctors, not MrT2014.
    But i think you only now need on director.

    Re- "try to agree a way forward"
    I state again "chasing the other two flat owners/directors who contribute very little and endlessly footdrag when stuff needs to be done"
    Therefore it will be pointless to yet again try to agree a way forward.

    This is why some of my coments everywhere, not just here, can be classed as agressive, bombastic, inconsiderate.
    I know that being kind ( try to agree a way forward ) if failed onece, WILL fail again. ( been there-done that ) and I am about to resign as an independant Company Secretary / property manager as the 3 directors will do nothng. Wont enforce the lease, and identical to MrT2014

    NOTE TO MrT2014
    As you are responsible for keeping the place legal, getting in workmen to attend to repairs and maintenence, then YOU can be prosecuted if repairs are not done and as a result, if something fails and injures someone or even kills someone. FACT.
    Thats why I am resigning one of my Company secretary roles 1) because like you, am tired banging my head against a brick wall and
    2) I don't want a personal fine or to go to prison.

    Get out now, AND sell and move, as it will ony get worse, and applying to the F.T.T. for a manager wont work as I constantly hear that no one wants to take on a 3 / 4 flat property, as it's financially prohibitive.
    Normal charge to manage is £ 100 to £ 175 per flat per year.
    I am charging £ 250 per flat per year as there are only 4 flats
    Yours would be about £ 1500 total ( due to none complience by the directors ) and that's £ 500 per flat. No one will want to pay that, and you would be seen as an evil bastard for getting in a Government appointed manager.

    sell and move.






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