ICW
26-02-2009, 11:26 AM
Hello, new to this forum but have found some useful information and would appreciate clarification based on our situation.
We are one of four flats, each leaseholder has a share in the freehold. Over time the three leases and shares in the freehold have been brought by one individual. On each purchase the previous leaseholder has been removed as Director from the Management Company resulting in one named Director (the owner of the 3 flats). This Director was previously Company Secretary, this has recently changed to someone we think is their employee. Not to bore you with all of the problems this is creating, we just want access to information about the activities of the management company and have repeatedly written requesting access.
This has become more urgent as we need to claim against the insurance policy but are request for a copy is being ignored.
We understand that the LTA 1985 s. 21 and s.22 covers our request for this information and that it is a criminal offence not to do so within 21 days (s.25).
Our questions are:-
1. Have we got this right?
2. Does a written request for documentation need to include reference to the relevant sections of the LTA and that it is a criminal offence not to comply?
3. If no documentation is forthcoming and we pursued this through the courts, would we need to engage a solicitor?
Many thanks for your time. And if anyone does have advice or been in a similar situation all comments are most welcome.
We are one of four flats, each leaseholder has a share in the freehold. Over time the three leases and shares in the freehold have been brought by one individual. On each purchase the previous leaseholder has been removed as Director from the Management Company resulting in one named Director (the owner of the 3 flats). This Director was previously Company Secretary, this has recently changed to someone we think is their employee. Not to bore you with all of the problems this is creating, we just want access to information about the activities of the management company and have repeatedly written requesting access.
This has become more urgent as we need to claim against the insurance policy but are request for a copy is being ignored.
We understand that the LTA 1985 s. 21 and s.22 covers our request for this information and that it is a criminal offence not to do so within 21 days (s.25).
Our questions are:-
1. Have we got this right?
2. Does a written request for documentation need to include reference to the relevant sections of the LTA and that it is a criminal offence not to comply?
3. If no documentation is forthcoming and we pursued this through the courts, would we need to engage a solicitor?
Many thanks for your time. And if anyone does have advice or been in a similar situation all comments are most welcome.