I recieved an email from the solicitor with the proposed new paperwork yesterday. The documents included a letter of application, draft minutes of a directors meeting where the application is to be approved (or not) and a membership certificate in the form of a deed that requires signing.
All 3 documents stressed that the approval of the directors was required at each stage (twice on some).
I emailed him back to say that the documents were unnecessary, entirely unacceptable and in contradiction to the articles of association which already clearly define the requirements. I also pointed out that the articles were written in such a way to ensure the directors had no say in which leaseholders can become members of their own residents management company.
I finished by pointing out that, with regard to our application, we have already complied with the requirements in the articles some weeks ago and the only reason we are not on the register of members is because the officers are in breach of their own articles.
It would seem they have spent the entire 10 weeks and a lot of money asking a solicitor to draft unnecesary documents in an attempt to gain control of who can become a member or not.
Coincidentally, yesterday the managing agent sent out an email stating the service charge was to be increased again by a further 10% due to electricity prices. This is the second increase this year and with almost no notice. Some residents have queried the reasons and today they said the increase was due to the service charge having been too low with the previous managing agent and now we have to make up the difference. There may be genuine reasons but we have no idea what they are and I'm not sure the managing agent does.
On the positive side there are a significant number of leaseholders that would be interested in electing a new director. On the downside their membership application would end up in the same weird rabbit hole of nonsense mine has.
All 3 documents stressed that the approval of the directors was required at each stage (twice on some).
I emailed him back to say that the documents were unnecessary, entirely unacceptable and in contradiction to the articles of association which already clearly define the requirements. I also pointed out that the articles were written in such a way to ensure the directors had no say in which leaseholders can become members of their own residents management company.
I finished by pointing out that, with regard to our application, we have already complied with the requirements in the articles some weeks ago and the only reason we are not on the register of members is because the officers are in breach of their own articles.
It would seem they have spent the entire 10 weeks and a lot of money asking a solicitor to draft unnecesary documents in an attempt to gain control of who can become a member or not.
Coincidentally, yesterday the managing agent sent out an email stating the service charge was to be increased again by a further 10% due to electricity prices. This is the second increase this year and with almost no notice. Some residents have queried the reasons and today they said the increase was due to the service charge having been too low with the previous managing agent and now we have to make up the difference. There may be genuine reasons but we have no idea what they are and I'm not sure the managing agent does.
On the positive side there are a significant number of leaseholders that would be interested in electing a new director. On the downside their membership application would end up in the same weird rabbit hole of nonsense mine has.
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