What happens if one or more of a leaseholder do not attend a meeting?

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    What happens if one or more of a leaseholder do not attend a meeting?

    Hi everyone,

    Our building has not had any maintenance done for well over 10 years and 3 of the 6 leaseholders who own the freehold rarely respond to emails- eg. the deadline for the confirmation of the specification of maintenance works was the 1st of September and only 4 out of 6 are happy with it. My question is: can we proceed with hiring a contractor even without their vote? Or- come the day of collecting funds- they will turn around and say they never signed up for this?

    This matter is really giving me a headache, and I would really appreciate any input and advice if you've ever encountered this situation/similar leaseholders.

    Thanks in advance!

    #2
    The leaseholders are obliged to contribute ?% to the service charge account under the terms of the Lease.

    You should collect the funds before you place the order on the chosen contractor.

    Don't proceed until you have collected the funds to pay.

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      #3
      You are obliged to follow the lease and collect monies when you are permitted. Leaseholders could object that the cost is unreasonable, so you should ensure that it is reasonable and that you have alternative quotes available. You seem to have the majority of leaseholders in agreement, so that they will work in your favour.

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        #4
        Your procedure is not relevant and will get you into trouble.

        Follow the lease, and S20, take comments into account, collect the cash and do the work. Nobody has to vote on anything unless the matter is discretionary. If someone does not pay, you sue them.

        Who is the Director here?

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          #5
          Think of it this way:
          What would happen in a block with an independent third party freeholder?

          The freeholder (or a managing agent working on their behalf) decides what work/services are required during the year based on what is necessary to meet the freeholder's obligations in the leases.

          The leaseholders urethan told that they have to pay whatever amount is required, again according to the terms of the leases. The only time that the freeholder is obligated to even listen to the leaseholders opinions on what should be done is if work/services that will cost individual leaseholders over £250 is considered necessary.

          If shareholders of the freehold company don't attend the company meetings, they are giving up the opportunity to participate in freeholder decisioqnsand are left only with the options that 'ordinary' leaseholders who aren't shareholders/company members would have.

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            #6
            It is never easy putting things right after 10 years of mismanagement and you have done well to find support from 4 of the 6 leaseholders. I suggest that you keep the other 2 leaseholders informed and hopefully when they see evidence of action being taken, they will also support you. Meanwhile, you need to ensure that you are strictly following the terms of the lease,

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