Issue with company directors and residents' association
Discussion
In brief, my elderly father's leasehold flat is managed by a private limited company whose Directors are drawn from the residents. They also employ a managing agent. The Directors all seem to be old pals with the exception of someone who appears to be no more than a useful idiot.
The Directors of the company are behaving unreasonably - examples being not holding AGMs, refusing to provide answers to questions, random adjournments, etc. In addition, there is suspicion of significant financial impropriety and again questions are not answered. At the most recent AGM the company secretary did not attend and the meeting was adjourned with no prior notice citing 'legal advice'. They refused to identify the source of the advice or confirm when the meeting would be rescheduled.
I've never encountered Director behaviour like this before so my question is what processes exist to compel them to comply with their responsibilities? The Directors all appear to be acting together and are creating an impenetrable wall.
The Directors of the company are behaving unreasonably - examples being not holding AGMs, refusing to provide answers to questions, random adjournments, etc. In addition, there is suspicion of significant financial impropriety and again questions are not answered. At the most recent AGM the company secretary did not attend and the meeting was adjourned with no prior notice citing 'legal advice'. They refused to identify the source of the advice or confirm when the meeting would be rescheduled.
I've never encountered Director behaviour like this before so my question is what processes exist to compel them to comply with their responsibilities? The Directors all appear to be acting together and are creating an impenetrable wall.
First search the Management Company's registration via The Companies House web site, the same will provide under The Companies Act 1985, the MC's Memorandum of Association and the Articles of Association, the latter advising how directors are to be appointed, how annual general meetings are notified and held, together with voting rights etc. etc.
The search will give details of all past and present directors, including the company secretary, together with their registered address.
The search will give details of all past and present directors, including the company secretary, together with their registered address.
I have that information Wings. I can see what they should do but my question is how do I make them do these things when they essentially refuse to engage or stall.
They submit accounts which we would like to question and that's an example of where we hit a brick wall. There is information about how Directors are appointed but nothing about how non Directors can remove them.
They submit accounts which we would like to question and that's an example of where we hit a brick wall. There is information about how Directors are appointed but nothing about how non Directors can remove them.
I am listing below a link to The Leasehold Advisory Service's web site, the same should provide you with the information you require, if not then they offer both an excellent free telephone legal advice service, and/or an email reply advice service.
https://www.lease-advice.org/advice-guide/service-...
https://www.lease-advice.org/advice-guide/service-...
Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff


