- The Company Memorandum and Articles require that at each Annual General Meeting all Directors should retire from office and be entitled to stand for re-appointment with the purpose of achieving Directors who are voted in annually.
- Further under the Articles a person is able to exercise the right to speak at a General Meeting with any information or opinions which they have on the business of the meeting.
- The Company is incorporated for the purposes of pursuing the management and administration of Sussex Heights and to have Sussex Heights’ interest in mind in any decision it makes. The Company is owned by its Shareholders who are also Leaseholders of the building and the Company must act in the interest of all Leaseholders of the building and in a transparent manner.
- In breach of the Company Memorandum and Articles of Association the Company has undertaken action which is considered to be contrary to the interests of the Shareholders and rendering the Company liable to potential legal action and acting in a clandestine manner and incurring unnecessary professional fees in doing so.
- Specifically but without limitation:-
i. The Board have dismissed the Managing Agents without notice and without a replacement Managing Agent on 9 July 2010. The Board may have to defend legal action brought by those agents.
ii. Despite having received a Surveyor’s report from Stuart Radley Associates of September 2009 the Board has failed to carry out works required to the building rendering it liable to potential legal action from Leaseholders affected.
iii. The Directors have, despite repeated requests, failed to meet residents to discuss these issues and now refuse to communicate with them.
iv. Further the Directors are seeking to communicate via solicitors rather than directly with Leaseholders thereby incurring unnecessary legal fees and forcing the Leaseholders to incur their own legal fees in order to address the problems that have arisen. The Directors have failed to properly address problems with anti-social tenants.
v. The Directors have failed to openly publish and provide information regarding its meetings and the outcome of its meetings. - It is considered that the removal of the Directors and the appointment of a new Board which is in line with the Company requirements for the Directors to resign annually is the appropriate way to resolve problems and for the Board to be appointed democratically.
Reason for the Removal of Directors
Leave a reply