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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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Can a small Management Committee overseeing 4 leasehold properties

Customer Question

Can a small Management Committee overseeing 4 leasehold properties be legal when there have been no meetings in over 2 and a half years, no AGM or audited accounts for the same period. Also treasurer has withdrawn and person groomed to take over has pulled out. Owners still paying monthly direct debits with no sight of accounts and in knowledge company are behind in their insurance payments. Surely this can't be legal.
How can we disband company
How can we appoint outside management when 2 owners have always wanted to and 2 owners ( self appointed ex officers of committee ) who live off site don't want to and one has all paperwork.
Help please
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,

Thank you for your question and welcome.

My name is AJ and I will assist you.

Who is currently in charge of the management committee? Is it a limited company?

Kind regards

AJ
Customer: replied 2 years ago.
There would appear to be no one in charge, but ex treasurer still has the cheque book. I am unsure whether or not it is a limited company I have had a recent stroke and cannot access my paperwork sorry. How could I find out?
Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

Does the committee have a name?

Kind regards

AJ
Customer: replied 2 years ago.
Management Company. 63 Woodhill Road, Portishead, Bristol BS20 7HA
Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

Does it have the word "Limited" after it?

Kind regards

AJ
Customer: replied 2 years ago.
No
Customer: replied 2 years ago.
Any idea how much longer I need to wait for a reply of some sort
Customer: replied 2 years ago.
Relist: Other.
Waiting far too long well over 2hours 15 minutes
Expert:  Nicola-mod replied 2 years ago.
Hello,

It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Expert:  tdlawyer replied 2 years ago.

Hello,thank you for your question. My name is Tony and I can answer this for you.

As a leaseholder, you can apply to the leasehold valuation tribunal to have a professional management company appointed to oversee the management of the company where this is not being done properly The Tribunal has a power to do this under s.24 of the Landlord and Tenant Act 1987. The legislation is here:

Here is a link to a guide from ARMA (the associarion of residential managagement agents) guiding you how to do this: http://arma.org.uk/leasehold-library/document/appointment-of-a-managing-agent-by-a-tribunal/page/1

Also, I have a link to a tribunal decision here, so you can see how a tribunal looks at the law and applies it to the power under s.24. It's something of a case-study really for you to look at: http://www.residential-property.judiciary.gov.uk/Files/2010/August/00105O29.pdf

I hope this answers your question.

Tony

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