One Director running freehold

eddddy

m0bov said:

Its a tricky one, I was a Director for a few years, but left due to conflict, threats and all. So, you are right, he might leave and we would have nobody. However, we still should'nt be in a situation where somebody can spend our money without a challenge. But again, at least someone is doing something. I will check the articles and see.

It's more important to check your lease, than checking the articles.

The lease says what your money can be spent on, not the articles.

As I mentioned, you do have the legal right to challenge - if you want to use that legal right.

GDB2222

m0bov said:

Its a tricky one, I was a Director for a few years, but left due to conflict, threats and all. So, you are right, he might leave and we would have nobody. However, we still should'nt be in a situation where somebody can spend our money without a challenge. But again, at least someone is doing something. I will check the articles and see.

Can I just check whether you think he is lining his own pockets? 

If it is just a matter that he is getting the common parts repainted, for example, whilst you think it might have been left an extra year or two, then I think you’re being unreasonable. You can’t leave him to make all the decisions on his own, and then afterwards complain that he's made choices that you would not have done. 

You said that there are only a handful of flats, so that can work really, really well. Or, as in this case, you can choose to be at each other’s throats.

GDB2222

I really think that you should get together over a friendly cup of tea, and offer to help. 

canaldumidi

Yes, really depends what he is doing potentially wrong, and what solution your want

* if he is lining his own pockets, sack him. See AoA and call AGM to replace him

* if he is just making decisions you disagree with, call AGM and get yourself and others involved so decisions are joint.

* if he is spending on things not covered by he leases, use the lease to query this, not the AoA

But you say you were a direcor yourself, and had difficulties. Perhaps the various shareholders involved are just not sufficiently cooperative and appointing a professionalmangement company is the way forward. Costs more though.

m0bov

Upon further investigations, it appears the Agents have "shut up shop" and are no longer responding to us. 

We've found out they have switched the window cleaning contract to another company we have never heard of and who don't turn up.
I have had no response from the agents.
The director has been unable to arrange an AGM which is almost two years over due now due to the agents not responding.

I've offered to help as much as I can.

I contacted the leasehold tribunal but had no response from them.

Seems we are paying for literally nothing at the moment.

GDB2222

Whom are you paying money to? If nothing's being done, then presumably the money is just being held in an account somewhere.

eddddy

m0bov said:

Upon further investigations, it appears the Agents have "shut up shop" and are no longer responding to us. 

We've found out they have switched the window cleaning contract to another company we have never heard of and who don't turn up.
I have had no response from the agents.
The director has been unable to arrange an AGM which is almost two years over due now due to the agents not responding.

I've offered to help as much as I can.

I contacted the leasehold tribunal but had no response from them.

Seems we are paying for literally nothing at the moment.

You seem to be muddling lots of different things together - and approaching the wrong people about the wrong things.

(Based on what you've said, I think you need to ignore the AGM issue and single director issue. They sound like distractions from the real problems.)



As a starting point...

• You are a leaseholder.

• It sounds like you have been sent a document with details of your service charge - and you are unhappy about those service charge details.

If so, the first question is... What document have you been sent? Is it...

• An estimated bill for the future year (or future 6 months)?

• Final accounts for the previous year?

• Or something else?

What are the precise problems with the document you have been sent?

You mention a window cleaning contract. So for example, are you saying that you've received final accounts for last year, which includes a charge for window cleaning, but no window cleaning was actually done? Or something else?

If so you need to ask whoever sent you the bill about that.


You also mention an "Agent" - I assume you mean some kind of management company who manage the building, and deal with the service charge, etc.

You say the "Agent" isn't responding to you. Is it because you are asking them about AGMs and single directors? If so, that's probably nothing to do with them. But they would deal with window cleaning contracts.

GDB2222

I *think* that what's happening is that the managing agent has stopped work, so nothing is being done to maintain the block, but the OP is still being billed for service charges. That seems okay to me, as long as the money is held in an account for the leaseholders, as they are effectively building up a sinking fund to pay for all the missed maintenance.