Residents' Association/Building Management comnpany document handover

[andyh23]

hi snagging.org,

first post, be gentle ...

I suppose this is not strictly snagging, but some of you must have some experience of this

I bought a flat in a 24-flat block a 1.5 years ago &, for my sins, volunteered to be a director of the Residents' Association/Buildings Management company

the original directors of the company were two of the owners of the building firm who built the property. around 6 months ago they resigned & handed the company over to 5 of the flat owners. all well & good, but 6 months on we are still waiting on a complete handover of the company documents & accounts, with Annual Returns due shortly & a hole in the accounts of several £k's from where it seems that the management fee hasn't been collected

if anyone has any experience of this sort of thing, & what legal recourse I may have to demand these records from the previous directors, any advice would be much appreciated

regards

Andy

[brucejr]

Hi

Have you contacted Company House as it would appear the developer was in breach of his Statutory Requirements to keep proper "Books". Not sure if they can be held accountable retrospectively now they have passed the company on to you. Worth an ask as there are fines applicable in some instances but keep enquiry anonymous in case Company House consider you to be liable!

We are in a similar position on our development although we have yet to accept handover due to irregularities with the developer's Company records.

The developer has been extremely uncoperative to date but has suddenly decided he wants the company off their hands and are trying to dump it on our lap without the proper company documentation, etc (e.g. share certificates, company accounts, meeting minutes, annual returns)

I would be grateful if you could advise what records you were handed and those that were outstanding and any other issues to avoid?

From your posting, I can see a similar scenario here which we would like to avoid. Have you been able to resolve the matter as yet? If so what action did you take?



brucejr