As Secretary of our Residentâs Association I have been asked to request your advice on the following question: Can a ânon-entitledâ (not a lease/shareholder) speak at AGMs/EGMs and/or change passed actions if they have been nominated to speak/act on behalf of an âentitledâ lease/shareholder with just a letter from that leaseholder or does he/she need […]
Could you explain how the 2006 Companies Act will affect the business of our freehold company. We know, for example, that the Act no longer requires companies to hold AGMs, but we are not sure whether our own Mems and Arts still require it. The FPRA replies: Your letter raises an interesting point on the […]
Redford Court is a small development of 16 purpose-built flats. It is owned and run by our Resident Management Company, but due to the increasing complexity of leasehold legislation, there is a risk the company will become âDormantâ as no one is prepared to take on the duties of a Director of the Company, and […]
The registered address of our freehold company is my own personal address. Its hard enough running a block of flats without having to have the Companyâs nameplate on my front door. Is this really necessary? The FPRA replies: At one time it was necessary to have a Company nameplate, but the 2006 Company Act, which […]
A sign of these credit crunch times, one of our flats has been repossessed. Bailiffs arrived one day at the flat, gained entry by force, changed the locks and left a notice on the door. What happens now with regard to the ownerâs share certificate? He has not left a forwarding address. The flat has […]
Can we as an association apply to the LVT or must this be done on an individual basis? The FPRA replies: Only individuals or companies can apply to the LVT. However, an individual can do it as a representative of a residentsâ association.
I am the chair of our Resident Association and wanted to ask your advice about a couple of issues. I should point out that the properties on the site are mainly freehold and the communal land surrounding these properties are leased from the landlord, and it is in respect of the latter we write to […]
Can you help us see through the problem of our leasesâ apparent absence of any mention of who is responsible for the maintenance of the windows in our block? The result of the lack of clarity is that over the years the windows have not been maintained. Many need repairing or replacing, and some leaseholders […]
We are a RMC running our own block. Our problem is that our leases do not provide for an income to offset the Companyâs administrative and legal costs of managing the service charge account, which is held in a âTrust Accountâ. Could we change the leases to allow us to collect a management fee? The […]
We are having difficulty in arranging insurance for our new caretaker. As he will have a set of keys to each of our flats, the Board of Directors would prefer to have fidelity insurance in place. Unfortunately, our own brokers have not been successful in finding an insurer so I am contacting you to see […]
