There is no provision in the articles and there are no share certs as the company is limited by guarantee. Its just an entry in the members register that is required. It is my right under Sec 74 of the commonhold and leasehold reform act 2002 to be a member. How do I proceed? is it a county court case? Also can she as the only director refuse to have an AGM thereby preventing anybody else becoming a director?
Thanks, the articles say,
26. (1) Every person who is entitled to be, and wishes to become, a member of the company shall deliver to the company an application for membership executed by him in the following form (or in a form as near to the following form as circumstances allow or in any other form which is usual or which the directors may approve:)
To the Board of [name of company] I, [name] of [address] am a qualifying tenant of [address of flat] and wish to become a member of [name of company] subject to the provisions of the Articles of Association of the company and to any rules made under those Articles. I agree to pay the company an amount of up to £1 if the company is wound up while I am a member or for up to 12 months after I have ceased to become a member. Signed Dated
(2) No person shall be admitted to membership of the company unless that person, whether alone or jointly with others, is__
(a) a qualifying tenant of a flat contained in the Premises as specified in section 75 of the 2002 Act; or
(b) from the date upon which the company acquires the right to manage the Premises pursuant to the 2002 Act, a landlord under a lease of the whole or any part of the Premises.
(3) Membership of the company shall not be transferable.
(4) A person who, together with another or others, is to be regarded as jointly being the qualifying tenant of a flat, or as jointly constituting the landlord under a lease of the whole or any part of the Premises, shall, once admitted, be regarded as jointly being a member of the company in respect of that flat or lease (as the case may be).
(5) Applications for membership by persons who are to be regarded as jointly being the qualifying tenant of a flat, or who jointly constitute the landlord under a lease of the whole or any part of the Premises, shall state the names and addresses of all others who are jointly interested with them, and the order in which they wish to appear on the register of members in respect of such flat or lease (as the case may be).
(6) The directors shall, upon being satisfied as to a person's application and entitlement to membership, register such person as a member of the company.
I submitted the request under section 26(1) to the director in June 2013.
The only way directors can be appointed seems to be at a meeting which she is unwilling to have.
I really want to know how to get my membership enforced, is it LVT, county court or some other way?
Well Ms Akorita is the sole director and I presume that see is also a member as well one other owner I believe. There are 7 flats in the block of which she owns 3 so I would think that the maximum potential members would be 5. There is one other owner (flat 5) who has tried and failed to be added to the members register just like me. We are both prepared to make a stand, I am quite prepared to go down the county court route but am unsure of the process, Can I just go down there and put my case?
Thanks for the advice so far,
Sorry for the delay in getting back, I went to Kingston County Court and they did not know what form applied to this and could not help me. The trouble is, the membership of the RTM company. The people who want to be members are not being made members, therefore there is no meeting of members to vote on directors because the sole director is refusing to register members unless they pay, that is the problem. Is the first tier LVT a possible route, given that they do deal with 'Liability to pay a service charge' under the commonhold and leaseholders reform act 2002? Thanks for your time, where do I leave feedback?