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[eagle2]

I agree that an MA ought to disclose the terms of its appointment to leaseholders but it is not simple to enforce.As a director you have a right to inspect all agreements. The MA does not appear to be acting in your best interests and I agree that he should be replaced....

[eagle2]

I don't understand why you withdrew your application to become a director. You can only move forward by appointing directors The directors make decisions on behalf of the Company and have the right to inspect documents including the management agreement. It cannot be healthy for the MA to be appointing...

[eagle2]

With 9 directors, you would expect at least some to be owner occupiers. It is the duty of the directors to make themselves aware and there are a number of ways of doing that. Normally they would be entitled to rely on the MA but in this case, it appears that the MA is causing some of the problems. I...

[eagle2]

Once you get through to the right department, they are very helpful. The people on the switchboard are trained to tell callers that they cannot give legal advice and to refer callers to a solicitor....

[eagle2]

The RTM Company would need to ensure that its interest is recorded on the policy otherwise it would not be able to make a claim for damage to the communal areas....

[eagle2]

I agree that it would be helpful if you stated what the lease actually says but if you are correct that you can charge £500 on account for maintenance, you appear to be able to charge £500 for the current service charge year only. You also state that you can charge the difference between the actual...

[eagle2]

The Company and its members are separate legal entities and it is essential to distinguish between them. ...

[eagle2]

You do not appear to be able to charge £750 as suggested. You appear to be able to charge £500 on account of maintenance for the current service charge year. The last service charge year has ended so you would need to produce actual accounts for that period and only make a charge for any actual expenditure...

[eagle2]

The MA appears to be exceeding his powers and the directors should deal with that issue first. The MA seems to be trying to control how the RTM is run.

The directors should enquire from the members concerned whether or not there is a problem so that they can consider how best to deal with...

[eagle2]

The obvious question which you should ask yourself is why the previous freeholder did not make a charge. I suspect that you will have difficulty collecting any monies and there may well be a long running dispute....

[eagle2]

If the Company owns the freehold, only the Company can sell it or part of it. The Articles will specify the number of directors required to represent a quorum. If a decision to sell has been made at a valid meeting of directors, a sole director can be authorised to act on behalf of the Company. Unless...

[eagle2]

The directors should represent the members and should be aware of the issues which are of concern to the members. A means of communication between the members and the directors may be all that is required if there is unrest.

[eagle2]

If an AGM was held in January 2018, there is no requirement to hold another meeting unless members holding 5% of the voting rights have served a notice requiring one to be held....

[eagle2]

There is no need to serve a special notice of a resolution if the agenda of the meeting includes "the appointment and termination of directors". So, as an alternative, you could ask the Company to include that item on the agenda for the next meeting of members if it is not included on the...

[eagle2]

You can obtain free of charge a copy of the Articles of Association for your RTM from the Companies House web site.

You should then check whether or not the Articles contain any regulations regarding the appointment and termination of directors.

Unless there is a specific requirement...

[eagle2]

If you are satisfied that your request to inspect the register of members was valid, you included the information required at s116(4) of the Companies Act 2006 and the Company has failed to respond within 5 working days, you should contact the breaches team at Companies House (breaches@companieshouse.gov.uk)...

[eagle2]

There is no need to waste energy and expense seeing a solicitor, if you have made a valid request to inspect the register of members and you have not received a reply within 5 days, contact the breaches team at Companies House who will contact the Company.

[eagle2]

The directors have a duty to see the notice requiring a meeting to be held and to ensure that it is valid. An anonymous notice is invalid, therefore it is essential that the directors know who has issued the notice and whether or not it has been made by genuine members.
Until they are satisfied...

[eagle2]

In this case, the new Company has already purchased the freehold. If the main purpose was to extend the leases and there was significant value in the premium, I agree that it would have been better for the cost of the freehold to be split and the premium paid by the leaseholders to the former freeholder...

[eagle2]

Everyone seems to be leaving this to someone else. I do not think that I am the best qualified to respond but I am happy to start.

Are you saying that your ground rent of £105 pa doubles every 10 years?

If so, 20 x the annual ground rent plus costs appears to be reasonable...