Management company issue - am I entitled to compensation?

Ryzly30

Hi 

I have owned a leasehold flat as part of 3 flats. I am the director of the management company together with the other 2 directors who own the other 2 flats. 

It has come to light recently that there is a damp issue in my flat. The other 2 directors did some work themselves on the garden prior to me purchasing the property and I have strong suspicion that their work has precipitated a damp issue due to moving of a drainage pipe therefore causing water to spill into my flat. (I have gained this information from other sources)

I had an AGM recently to discuss the issue and the other 2 directors gave me a bit of waffle about what I should do including rearranging the angle of some slabs which I now know is unlikely to be the cause of the issue given I have had a damp survey and several independent opinions. 

The work they did on the garden prior to me purchasing the property was not officially authorised by the management company (there has been no AGM for 5 years prior to me calling one) - the lease states that written permission must be gained prior to alterations. There is no warranty as they did it themselves. 

If I am able to prove that this work has precipitated a damp issue in my flat would I be able to claim compensation from the other 2 directors? Or am I liable too? It all seems a bit shady. 

DullGreyGuy

You're all directors so why have a shareholder meeting (AGM) to discuss matters? You know companies make decisions all the time without reference to shareholders at the AGM?

What does the articles of association state about how decisions are made? If its a simple majority required then the two directors could have agreed to do the work and the third directors opinion would have been irrelevant with the proposal already having 66.7% of the vote. 

You bought the property in the state it currently is so caveat emptor/ bought as seen. 

TELLIT01

If you try to claim off the management company you will effectively be trying to claim against yourself.  The other 2 directors could vote against any payment so where would you take it from there.  It seems your 'evidence' of what happened in the past is hearsay and probably wouldn't be admissible if you tried to take it to court.