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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 2556
Experience:  Over 5 years in practice.
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My question is about company law

Customer Question

Hi my question is about company law
Submitted: 12 days ago.
Category: Property Law
Customer: replied 12 days ago.
I would like to know the way in which a Private Company Limited Guarantee without Share Capital
(Residents Property Management) is set up.
And how the directors, chairman and committee are elected.
Customer: replied 12 days ago.
Also what authority the directors have over the residents
Customer: replied 12 days ago.
Hi I need to go out so have to close now I will be back later.
Expert:  Ed Turner replied 11 days ago.

Hello.   I am Ed, a Solicitor qualified in England & Wales with over a decade’s experience in the legal profession advising clients.

I specialise in Commercial Contracts, Business Transactions, Employment, Dispute Resolution, Personal Injury and Road Traffic Law and shall be reviewing your legal problem today.

Regarding the site’s automatic offer of a Premium Service Phone Call, I shall be delighted to talk with you by phone to discuss your issue in greater detail if you accept the offer.

However, if you do not want a phone call, please cancel the offer for a Premium Service Phone Call and you will not be charged extra.

Expert:  Ed Turner replied 11 days ago.

To enable me to answer your query, please provide me with some further information.

Expert:  Ed Turner replied 11 days ago.

What is the name of the company?

Customer: replied 11 days ago.
Melbourne Quay Company ltd number 02744069 manages the block of flats of some 44 flats DA11 0BX
1 How was it set up
2 Who elects the Directors, Chairman and comity members
3 How are they elected
4 A director was elected during lockdown with no notification, nomination or vote taking place
5 How much authority do the directors have. Point in case The Car Park security Gate entry system failed
which had to be replaced. I had two entry fobs to the old system which were replaced with a new remote control
however the directors refused to issue two controls saying that for security we could only have one, they also had the exit system changed so that exit to the Carpark could only be activated by the new remote control, originally exit was achieved by simply driving up to the gates the vehicle was then detected by a sensor and the gates would open. I have asked for this system to be reinstated but the management company refused to consider it and have also refused to have any further discussion on the matter. I have contacted the company that makes the gates and was advised that there was no reason in their opinion that the gates could not be opened by both the remote control and the under floor sensor. As it is now if I have a visitor I have to accompany them to the car park and open the gate so that they can leave I cannot give them the remote control as I only have one. I pointed out to the management company that the gate system could not be opened in an emergency from the inside without the remote control, they compromised the system by removing the padlock to the gate control system enclosure so that residents could access the main power switch thereby enabling the gates to be pulled opened by hand when the power was switched off. As I said I contacted the gate manufactures and they gave me the procedure to program further remote controls so if need be I could program another remote control myself. A number of residents mostly older ladies feel intimidated by the Chairman, he has verbally abused me, I no longer acknowledge him for fear that I will not be able to restrain myself and would not be responsible for the outcome of a confrontation. I hope this is sufficient information for you Alan Melville
Customer: replied 11 days ago.
Also I asked for the specification for the gates new remote sensor and the name of the contractor that undertook the work to replace the defective sensor this request was rejected saying it was none of my business.( it should be noted that spares for the old unit could not be obtained which is why it was changed) There is an AGM on the 6th October and I think the chairman is standing down but nothing has been forthcoming regarding how or who will replace him.
Customer: replied 11 days ago.
The Chairman also announced that he would be viewing the CCTV daily and would report to the police any
body not following the Covid rules during the lock down
Customer: replied 11 days ago.
Also one of the residents passed away he had set up power of attorney with the publican in the pub next door to our flats, the Block Management Team(BMT) would not provide him with a remote control even though they had to administer the residents affaires which included a car in the car park. The BMT announced that no resident could park any car in their allotted space unless it was their car, they could not allow anybody else to park in their space nor could they let the space out for reward or free.
Expert:  Ed Turner replied 11 days ago.

Thank you for that further information.   I have considered your issue in further detail and it lies outside the scope of my legal expertise.   I believe that you need an Expert in Rental Property Management.

I also do not think that this is a matter with which a solicitor can assist you not via an “ad hoc” answering service like Just Answer.

I suggest that you instruct a solicitor under a formal solicitor-client retainer at additional cost.

However, I will “Opt Out” of this thread and allow another Legal Expert the opportunity to assist you.

Customer: replied 10 days ago.
Thank you Ed for being so honest and for passing this on to another Legal Expert. I would be i a very precarious position if I instructed a solicitor I would have to accept any costs. The BMT however being a limited company would be able to use the pot of money that the residents pay as their maintenance fee so in short they would be able to defend themselves with my/the residents money. I would seem to be in a loose loose situation.
Expert:  Nicola-mod replied 9 days ago.
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 continuing 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 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!
Customer: replied 9 days ago.
Hi Nicola for sure I am prepared to wait, my work was trouble shooting computer systems and it was common for me to be assigned problems that had been in existence for 6 months and more, our customers would accuse my company of incompetence and also threaten litigation but never of not attending we always responded. thank you for keeping me informed and I look forward to being enlightened with answerers to my query best regards ***** ***** ps your system seems to only give 8 minutes as its predicted response time :-)
Customer: replied 9 days ago.
Hi have a hospital appointment this morning so I will be off the air for the rest of the morning ( if you have forgotten what a hospital appointment is its where an expert in medicine looks at you for some medical problem I have, however, yet to see a GP but I have heard they are not extinct just very timid ha ha ha )