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[eagle2]

It would be interesting if you would explain further. 50% of the members would need to agree to the new company, so only the larger block would be able to proceed and it would need to compensate the members of the smaller block, The common grounds are probably contained within the freehold title but...

[eagle2]

Please explain if there is a management company involved and if the leaseholders are members of that company. Whatever the set up, it makes sense for the leaseholders to act together, so you should arrange a meeting so that you can discuss what action to take.

[eagle2]

The Articles of the Company will explain how meetings of members are to be conducted. If you let us know which set of model articles apply and any exclusions, we shall be able to assist further. They probably say that each member has one vote, you need 2 members for a quorum to exist and decisions are...

[eagle2]

The reason should have been explained to you when the application was made and you should have had the opportunity to challenge the application. The Tribunal would have considered if there was any prejudice to the leaseholders and should have made any appropriate comments within its decision.

[eagle2]

You should inform the other leaseholders because it is a conflict of interest, you stand to benefit if the agent remains appointed. If you are a member of a Company, check the Articles to see whether or not you have the right to vote. It would be good practice anyway to abstain when voting on the reappointment...

[eagle2]

What is happening in practice is that freeholders are striking deals with builders at an early stage, often before any building work commences, they are preparing the lease and agreeing to purchase the freehold from the builders after all the apartments have been completed. Yes leaseholders should be...

[eagle2]

In general terms an agreement is an agreement, the problem with a verbal agreement is that what was actually agreed may be disputed, so it is best to confirm what was agreed in writing at the time.

You are entitled to assume that a manager, temporary or otherwise, is authorised to act....

[eagle2]

It must be an older type of lease, more modern leases do not refer to an audit. In modern day language, it means that the service charge accounts should be reviewed by an independent accountant.

The RTM Company must comply with the lease and it may choose the accountant.

[eagle2]

I agree with Andrew, increasing ground rents are not the most important problem facing leaseholders, they are insignificant compared to the huge sums overcharged by rogue freeholders and agents and the misuse of service charge monies. The offenders are known to the courts and tribunals....

[eagle2]

Your extract from the lease does not say when service charges should be paid, it simply says that accounts should be prepared up to 31 December each year, there should be other relevant clauses within the lease. A reserve fund does appear to be allowed but there should be another clause defining the...

[eagle2]

You have the right to inspect documents and to obtain copies of those documents, the MA is entitled to make a reasonable charge for copying them.

It is up to the directors to decide how they approve accounts, they can delegate to one director if they wish or they can approve by a majority...

[eagle2]

It Is the familiar story of monies being collected and being misused for purposes other than what was intended. The managing agent ought to know better and ought to be advising the directors.

In answer to your questions, the Company can ask for voluntary contributions but cannot insist...

[eagle2]

It depends on the wording of your lease. If you can be charged before the works proceed. make sure that you have a starting date for them to commence otherwise you could face problems similar to another thread where there is a delay until everyone pays.

[eagle2]

I suggest you ask the MA to reduce its charges as it is not providing a full service, that should produce a response. Also suggest that you say that you refuse to pay any increase in the cost due to their delay in starting the works.

[eagle2]

The balance sheet should show the total amount of service charge arrears under debtors.

[eagle2]

Firstly, you should appreciate being in control of the monies and being able to decide how they are spent, not many leaseholders find themselves in that position.

Proving fraud is not easy, just because you would do things differently and the costs could be lower, that does not amount to...

[eagle2]

You are not wrong, the contract is likely to be in the name of the Company or freeholder. I agree that directors and managing agents should be open and transparent....

[eagle2]

Assuming that a Company owns the freehold and you are a member of that Company, you should volunteer to be a director. Once appointed, you would then be entitled to inspect all relevant contracts and documents, including the management agreement,

Alternatively, you can quote the RICS Management...

[eagle2]

There are different types of policy available and they cover different types of risk, i suggest that you make enquiries and consider which is most appropriate for you. There is usually a minimum sum insured, around £100,000 I think, which should be sufficient for a RTM Company.

[eagle2]

I suggest that you start by going back to the service charge demands for the period, how did they require payment to be made? If they identify a bank account to transfer monies, you should request copies of the bank statements for that account. If it is not a bank client account, the Company has not...