Management company charging interest

I understand all of that, being the director of a management company. What I'm saying is if there were no-one else available to take a directorship, the other option is not having a mgmt co. Which is not possible. And as you imply, a great number of people involved in these things do not understand company law or their responsibilities as directors.

I'm not saying it is a good idea, what I'm saying is it is entirely the fault of the othe members of the company, including the OP. Its very easy to complain about these directors and what they are doing, not so easy to actually have taken some responsibilty for themselves.

In relation to this development, there are 20 units, all houses - no apartments.
Two houses were sold last year, as it happens they belonged to 2 directors (not related -just neighbours). The old management co approached me and asked if i would consent to being a director. I agreed conditionally. (If another director came along I would resign).

I subsequently completed the relevant forms.

"hubby" moved in to the sold unit and became second director. Next thing I get a call from the old management agent, telling me that hubby removed me from the directors (no notification) and put his wife in in place.

They subsequently changed management agents on the basis that the old agent was too expensive. A new invoice arrives from the New management agent increasing the charge by 50 euro, and insisting that the charge be pain in full within 30 days or interest would be charged.
In addition the letter stated that if we wanted to pay by installments (as we always did) there would be an additional charge of 50 euro.

Hence my original query.

Something sounds dodgy there. Depending on the memos and articles, directors can be appointed by the board of directors without an A/EGM but it would be standard for all directors to attend AGMs and for the longest serving to resign. However, in practice, it can happen that they are immediately re-appointed because there is no one else willing to do it.

I suggest gathering up your other neighbours and calling an EGM to discuss all of it formally asap.

purpeller said:

Something sounds dodgy there. Depending on the memos and articles, directors can be appointed by the board of directors without an A/EGM but it would be standard for all directors to attend AGMs and for the longest serving to resign. However, in practice, it can happen that they are immediately re-appointed because there is no one else willing to do it.

I suggest gathering up your other neighbours and calling an EGM to discuss all of it formally asap.

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Precisely. It's your management company, and it's in the best interests of all owners that the law is being complied with and everything is above board. Does not look like it is in your development. As it's the MC that will be in trouble if something is as dodgy as it's sounding to us, it's important to get it sorted asap as it's next to impossible for anyone to sell when there are issues like this.

Interesting development,

I just received a summons thismorning, for last years fees, and this years fees in full which were due on the 10th of April last. Id say, the post is being watched!!

Any one have an idea where I could get a copy of the lease?

also, the summons has a date set for next month, however, I thought such summons had to be stamped by the registrar' office before being sent out. Am I correct in this?

The lease was the contract you signed at purchase. You should have been given a signed copy by your solicitor?

I bought the property 20 years ago, and the original solicitor is long gone. Any way it transpires that the bank have a copy even though the mortgage is paid off.

I spoke to the old M Agent this morning - a mind of information!!! Transpires that last agm did not have a sufficent members attending to have a agm.

Their were 3 tenants in attendance, so Im looking for proxies notes.

Correct me if I'm wrong here, but imho there is no reason why a husband and wife sharing an apartment may not both be directors of a management company.

They will only have one member's vote between them but I am not aware of any law prohibiting this. The only way I can think of that they may somehow be breaching the law is if the memorandum and articles of association of the particular company restrict the directors to members of the company and further stipulate that only one director per membership is allowed. I've never seen such M&A for a apartment block's management company.