MOA states the directors can appoint a chairman for meetings

  • Filter
  • Time
  • Show
Clear All
new posts

    Originally posted by Starlane View Post
    RAM...what do you mean when you say " if there is no company?"
    As I said
    If there is no company,( any company ) there are no shareholders. So Directors "May" be able to dictate "some" rules for the Directors to hijack the shareholders meeting.

    Because shareholders wont exist if there is no company, the fact that the shareholders are members of the company but do not make business decisions, then the "Company" may be able to state that the "Company" DICTATES how the their shareholders meeting is held, and the "Company" will dictate who is the chairman etc.

    I say NO, they wont hijack a shareholders meeng requested by the shareholders for the shareholders, but the shareholding directors are welcome to attend, AND they will abide by the agenda, and votes will be taken on the agenda, and NO other business will be discussed, and only one item will be on the agenda, and that will be -- usually - to add more directors / remove certain directors ( shareholders vote in directors - and must be agreed by the shareholders even if the directors themseves install another / different director.)
    Directors appointments must be ratified by the shareholders.

    I have seen directors hijack a shareholders agenda.


      Thank you RAM for clarifying.


        If you send me a private message with the name of the company, I shall try to assist further,

        It can be helpful in some circumstances to have an independent chair of a meeting but it is a meeting of members so there is no reason why members cannot object at the start of the meeting and remove the chair from the meeting.

        Only members are entitled to vote at an AGM or EGM,

        Directors appointments are not always ratified by the members, it depends entirely on the Articles, The members do have the right, however, to remove a director,


          In response to your questions on a different thread, non members are often invited to attend part or all of a meeting of members eg to supply information or take minutes but only members are allowed to vote.


            Originally posted by Starlane View Post
            The Company wont hold an AGM, wont let us see the accounts, wont provide service charge accounts by the same accountant who is now the chair and wont answer questions put to them. They wont pay a penny for any repairs, no repairs and services have been done/provided for 7 years
            NO accounts, No service charge accounts, wont pay a penny for any repairs, repairs and services have not been done/provided for 7 years.

            Then you can DO them, as all above are against the Law.

            apply for an F.T.T. Manager, and / or go to court.
            Don't think me rude or aggressive. I see this all the time. Leaseholders refuse to go the way of getting an F.T.T. Manager installed. Refuse to go to court to MAKE the freeholder show you the accounts / repair the place.
            You wont get the directors dismissed, but you will get the place repaired.

            Concentrate on action: as you have the evidence.
            You have mulitpul theads on here, ( Threads started ) all about the same property.


              You are right to try to replace the directors if they are not acting in your best interests and there is no reason why you should not succeed if you have sufficient like minded members..
              Applying to the FTT to appoint a manager is rarely in your interests and it can lead to horror stories which can be found elsewhere on here.
              Taking legal action is also rarely in your interests, you would be effectively taking action against yourselves and bearing the costs.


                Yes Eagle2 that is my concern, that we have directors who are self interested ( what a surprise NOT at my block), they are in breach of the lease themselves (what a surprise NOT at my block), I also believe there has been collusive fraud going on regarding hidden insurance commission and a directors loan, not enough evidence to prove it unfortunately...just a few glimpses of paperwork. They wont let me see the accounts so I have no idea what the money is being spent has got to solicitor stage now and I have carefully prepared my preliminary notice and served it on them the Directors. They cant seem to understand that due to their actions and lack of actions we are in the mess we are because o their incompetence and they don't even understand property management. I feel so frustrated with all this. Thank you to everyone on here for helping me.


                Latest Activity


                • Right to Manage Costs
                  by Pariah81

                  I am part of a residents association that is exploring right to manage (RTM).

                  We are a 30 flat block in the Ealing area.

                  We want to get advice on the process so how much should we be expecting to pay for our legals?

                  I'm also aware we have to pay...
                  21-09-2021, 13:48 PM
                • Reply to Right to Manage Costs
                  by Section20z
                  Yes, you should be able to. We did something similar for one of two blocks with same name just different flat numbers. First step is to get 6+ owners to take part and form a company to serve the notice. A reluctant freeholder will fight every step so you may need professional help to get it right....
                  23-09-2021, 17:35 PM
                • Reply to Right to Manage Costs
                  by lampshade
                  Interesting....I have one lease in a total of 3 blocks totalling 34 flats. All managed under one managing agent appointed by the FH.
                  But each block, whilst seemingly are all connected there are 3 separate blocks of about 11 flats in each. Each block has both front and back entrance, and unique...
                  23-09-2021, 15:29 PM
                • Reply to Reasonable solicitor fees?
                  by eagle2
                  You can insist on a summarised time record showing the number of hours spent by each grade of solicitor on the different aspects of the work involved. You can then compare it with your own solicitor's time records in order to raise a specific complaint.

                  Intead though, I suggest that you...
                  23-09-2021, 14:42 PM
                • Reasonable solicitor fees?
                  by LizLease
                  After six long and tedious months of negotiations to extend the lase on a flat, we are nearing completion and I have been sent the final balance.

                  I was shocked to be presented with a £2,700 bill for the freeholder's solicitor fees. When I first inquired about renewing the lease, the freeholder...
                  21-09-2021, 17:17 PM
                • Reply to Negotiating a lease extension
                  by sgclacy
                  Does that include the surveyor fee ?...
                  23-09-2021, 14:36 PM
                • Negotiating a lease extension
                  by LizLease
                  Hi all, I am new to the forum.
                  I am looking to extend the lease on a flat (currently under 70 years).
                  I received a quote from the freeholder and a valuation from a surveyor (£3k lower than the freeholder's figure).
                  I spoke to the leasehold Advisory Service who said to ask the surveyor...
                  21-01-2021, 12:44 PM
                • Reply to Negotiating a lease extension
                  by LizLease
                  Thank you both

                  sgclacy, if you are talking about the "deed of surrender and regrant of lease", that is a 10 page document and as far as I am ware, there are no specific issues or complications with it. It's a flat in a 30 year-old small block of flats and there are no odd clauses...
                  23-09-2021, 12:17 PM
                • Reply to Reasonable solicitor fees?
                  by LizLease
                  Thanks for the replies.
                  It has taken 6 months because the surveyor - who was dealing with the negotiations - was useless and not proactive / reactive. Add to that the fact that we had reached a deal I said OK to, then the freeholder and their solicitor turned around and said actually no, they...
                  23-09-2021, 12:09 PM
                • Reply to Renewing the lease and sublet charges
                  by mpppen
                  Ooh interesting, thanks Gordon.

                  I'll do some research to see if I can dig it up.
                  If anyone else knows more about this though in the interim, please shout.

                  Many thanks...
                  23-09-2021, 10:21 AM