DAK X-post: Leaseholders required to become directors. How?
Posted: March 31st, 2024, 11:52 am
I live in a collectively enfranchised self-managed block of flats and as a director of the freehold & management company I deal with the buyer's solicitor's enquiries whenever a flat is sold.
One of the questions the solicitors often ask is "Is our client required to become a director of the Freehold & Management company?"
The answer for us has always been no, however the fact that solicitors have asked that question implies that requiring leaseholders to become directors is something that's possible and done.
My question here is DAK how? And can anyone point me to cases/examples?
I'm guessing that it'd be a clause (or set of) in the Articles of the company, and I can foresee that there'd have to be some get-out clauses (e.g. you can't require someone to be a director who's been legally banned from being one), so I'd be interested to see actual wording of real life or example cases of that, or whatever mechanism is used. So, any pointers are welcome.
Answers over on DAK please: viewtopic.php?p=657027#p657027
(I can see that there might be pros and cons of requiring leaseholders to become directors, but it's on DAK and that's not what I'm asking...
)
One of the questions the solicitors often ask is "Is our client required to become a director of the Freehold & Management company?"
The answer for us has always been no, however the fact that solicitors have asked that question implies that requiring leaseholders to become directors is something that's possible and done.
My question here is DAK how? And can anyone point me to cases/examples?
I'm guessing that it'd be a clause (or set of) in the Articles of the company, and I can foresee that there'd have to be some get-out clauses (e.g. you can't require someone to be a director who's been legally banned from being one), so I'd be interested to see actual wording of real life or example cases of that, or whatever mechanism is used. So, any pointers are welcome.
Answers over on DAK please: viewtopic.php?p=657027#p657027
(I can see that there might be pros and cons of requiring leaseholders to become directors, but it's on DAK and that's not what I'm asking...
)