Ah, just assumed the RMC held the freehold from the OP, now clear the FH is the HA.
Originally Posted by yddap
Not sure how 50:50 shared ownership (presumably with the HA?) affects the rights of those flats to act as a voting RMC member? Yes each gets one vote, but how do they decide how to vote if the HA is a joint-owner? Doesn't the articles (the original legal ones) clarify voting rights?
Is the original RMC named in the lease? Read somewhere recently - maybe here - that if a lease names an RMC company and that company changes name, the new company may have no lawful status to manage the lease? Why change the name? Did they maybe change the membership criteria too? Maybe they now manage somewhere else entirely? Run other estates? Where might it end?
Pension rights and director salaries without any membership votes? Surely no? Is it still the same registered company number and office? What point having a companies act or company constitutions if this is possible? Who is the s47-s48 landlord notified on the service charge invoices? Is it the old name or the new name, old registered number, old registered office, etc?
Is this 'board' a corporate player in leasehold management (without naming them!) or just two flat owners in the block? As for getting rid of the directors - once you identify all your company members, the CA 2006 is your power.
Are the 'social tenant' flats directly managed by the Housing Association or do they pay service charges to the RMC or its agents? How does it work? Tenants would have no powers to act with you against the company directors, obviously.
They and/or the lessees could form a tenants association (or two) if only to get organised and for lessees to start fighting back: adopt a constitution and elect some officers: Hon Sec, Hon Treasurer, Hon Chair to start with. Open a free community bank account with joint officer sigs and collect some fighting funds. Get an email list and start communicating (bearing in mind there could be divide-and-conquer 'false news' tactics. You will be 'open' to having all your steps known, just as with your facebook page. That's why you avoid giving anyone any opportunity to bully/demoralise with legal games).
You and the gang clearly need a lot of fact-finding and maybe temporary stressful organising. Leasehold sucks that way.
Do not read my offerings, based purely on my research or experience as a lessee, as legal advice. If you need legal advice please see a solicitor.