Hi All
I'm hoping someone can provide some help to the difficult predicament that I find myself in.
I live in a development comprising of 19 flats and I understand over half of the flats are owned by one entity (a limited company).
The director of this limited company set up a RTM and I accepted the option to participate and became a director of the RTM at inception. The other two directors are the company that owns these flats and the director of the company owning these flats i.e. he effectively has double representation. The company secretary is his wife.
Since the RTM gained control (approximately 6 months ago) he has not responded to any of my e-mails, calls or texts to discuss maintenance issues that we have taken responsibility for. The company secretary has also failed to provide the annual return to companies house and an order to have the company struck off has been issued.
I have spoken to two other leaseholders who have agreed to become shareholders of the RTM and would like to be directors. As the other director is failing to respond, do I have the power to appeal against the company being struck off and am I allowed to approve their appointment as directors? Am I also allowed to appoint a management company to take control on our behalf? I understand a quorum is needed (2 in this case) for decision undertaken by directors, however if he is unwilling to acknowledge any of my correspondence, do I have any rights to act without his consent?
Any advice would be greatly appreciated. Of if you know of any specialists who could advise?
I'm hoping someone can provide some help to the difficult predicament that I find myself in.
I live in a development comprising of 19 flats and I understand over half of the flats are owned by one entity (a limited company).
The director of this limited company set up a RTM and I accepted the option to participate and became a director of the RTM at inception. The other two directors are the company that owns these flats and the director of the company owning these flats i.e. he effectively has double representation. The company secretary is his wife.
Since the RTM gained control (approximately 6 months ago) he has not responded to any of my e-mails, calls or texts to discuss maintenance issues that we have taken responsibility for. The company secretary has also failed to provide the annual return to companies house and an order to have the company struck off has been issued.
I have spoken to two other leaseholders who have agreed to become shareholders of the RTM and would like to be directors. As the other director is failing to respond, do I have the power to appeal against the company being struck off and am I allowed to approve their appointment as directors? Am I also allowed to appoint a management company to take control on our behalf? I understand a quorum is needed (2 in this case) for decision undertaken by directors, however if he is unwilling to acknowledge any of my correspondence, do I have any rights to act without his consent?
Any advice would be greatly appreciated. Of if you know of any specialists who could advise?
