As I mentioned in another post recently, I and a neighbour were elected as directors of our RMC about a year ago. We are approx. 25 leasehold flats developed in the mid-80s. The freehold was bought out and the RMC set up about 25 years ago. This was run for many years more or less as a one-man show by the "sole director"; the impression we had was that he was just losing interest in the property, but we have become very concerned by what we have found out since becoming directors + the info we have found out about RMC management here and on ARMA, LVA etc.
Until last year there hadn't been a proper company AGM and election of directors for about 20 years. Nevertheless the PSD was voted back in, and seems likely to be again this year. Some people seem to vote from institutionalised inertia, others from a (not unreasonable) fear of what might happen if the PSD were to be in sole charge again in future, and others are simply a client vote who have been getting freebies of some kind.
To my mind this person is totally unfit to be a director of our RMC. I don't think he is actually stealing cash, though the finances are totally opaque and the management fee he has been paying himself (£1,650 - about 7% of turnover) seems like daylight robbery in the circumstances. Is there anything we can do to get him disqualified, or does this have to come from the authorities - in which case, which ones? I could understand the BIS (or whoever) applying a public interest test due to small scale and the fact that we do have the option to vote him off. Can this be done privately?
There seems to be obvious false accounting - the PSD has effectively said he neither knows nor cares whether or accounts are accurate. As director he is personally responsible for these - what can be done to put this into effect.
We don't want to be petty or vindictive, but this person's influence on the company is almost wholly malign. What would happen in a situation where the director(s) were cashing out 51% of the lessees/shareholders at the expense of the remaining 49%?
I'm sure this situation is not unique...thanks for any tips!
- The company accounts appear to have been made up. The previously-"sole director" (PSD) says they are the responsibility of the accountant and refuses to answer any questions about them. He maintains that balance sheets are meaningless (he learnt this on an investment course!) and seems have run the company on a hand-to-mouth cash basis. A £10k. asset which has been in our B/S for many years (about 50% of book value) seems either to have never existed, been paid off but not amortised on the B/S, or simply disappeared over the horizon.
- The "accountant" has refused to meet or answer any questions. I have complained to our local trading standards; they have not been able to get any response from him and none of the accounting bodies have any record of him as a member. He has been paid £7-800 a year, but we are not even sure he exists!
- There has never been any proper service charge accounting, in particular for the reserve fund and its distribution between the three blocks which make up the property.
- Individuals have been receiving handouts from the fund in the form of "discounts" on their service charge and there have been significant arrears for a long period.
- Compliance with Sect. 20 & 153, H&S etc. has been completely disregarded. A 25 year-old gas CH system (now replaced) went for 4 years without a Gas Safe cert.
- The terms of the lease have been ignored except when it has suited the PSD.
- Maintenance has been neglected, particularly over the past 10 years or so, and adequate reserves have not been built up (the PSD "likes to keep the service charge low").
Until last year there hadn't been a proper company AGM and election of directors for about 20 years. Nevertheless the PSD was voted back in, and seems likely to be again this year. Some people seem to vote from institutionalised inertia, others from a (not unreasonable) fear of what might happen if the PSD were to be in sole charge again in future, and others are simply a client vote who have been getting freebies of some kind.
To my mind this person is totally unfit to be a director of our RMC. I don't think he is actually stealing cash, though the finances are totally opaque and the management fee he has been paying himself (£1,650 - about 7% of turnover) seems like daylight robbery in the circumstances. Is there anything we can do to get him disqualified, or does this have to come from the authorities - in which case, which ones? I could understand the BIS (or whoever) applying a public interest test due to small scale and the fact that we do have the option to vote him off. Can this be done privately?
There seems to be obvious false accounting - the PSD has effectively said he neither knows nor cares whether or accounts are accurate. As director he is personally responsible for these - what can be done to put this into effect.
We don't want to be petty or vindictive, but this person's influence on the company is almost wholly malign. What would happen in a situation where the director(s) were cashing out 51% of the lessees/shareholders at the expense of the remaining 49%?
I'm sure this situation is not unique...thanks for any tips!