OpinionLETTERS
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info@flat-living.co.uk tel0845 257 6374 fax0845 257 6319
required? Wehave a passenger lift in oursix-storeyblock of flats built in 2008. Is it a legalrequirement to have a generator to power theliftinthe eventofa
power failure? Nameandaddresswithheld
Gareth Lomaxfrom Ardent Liftconsultancy replies
For a passenger lift, there is no legalrequirement to have agenerator installedfor reinstatementofpower in theevent of failure. However, if theliftisdeemedtobean evacuation lift or firefighting lift, then the generator will be required as part of theappropriate British Standards. Therequirement fora
generator will be subject to the building’s design andusage, including evacuation plans, though at six floors, it is less common for an evacuation lift or firefighting lift to be installed. If in doubt, theproperty
managementcompany should be able to offer advice on the lift’s designation, though landingintercom systemsand evacuation noticesare often a good way to tell if a lift is designed for that purpose.
of timing Following a complete changeinour company directors, a change in an activity has been implemented onwhich Iwould appreciateyour advice concerning the timing of our AGM. Bothmanaging agent
andour financial year ends on 31 December. When the audited accounts are available (usuallyMarch /April)and circulated to residents, the previousadministration held the AGMon a convenient date within the following three weeks. On thelasttwo
occasionsthe present 32 Amatter Don’t clutter communal areas
MyManaging agentswon’t help
Iliveinablock of flatswherethemain (one door only)entrance/exit and stairwells oftenhave bikes, scooters, toys etc lying around. I havewrittentwice to themanagingagentsabout
this.They have comeback saying that thereare insufficient storageareas (outside sheds) to storethese andthatdespite telling people these are available at a fee, nobody hastaken themup on theiroffer. They have sincestatedthattheywill
remove itemsifstill left there, however they have nowbacktracked saying that thismay be legally problematic. In addition, having spoken to theirhealth and safety teamit appears that only combustibleobjects pose athreat. Ihave written back saying that the objects are indeed aproblemduetothe possibility of peopleeitherfalling or tripping over theseitems,inadditiontothe fact that theseitemsareoccasionallyblocking
administration have chosen to hold the AGM late in August,resulting in someresidents finding it confusing to recall incidents and related costs
main exit/entrancetothe blockwhich couldcause aproblemin anemergency situation (fire etc). Idofeelthatthe agents aretrying
ever so slightly to wriggle out of their responsibilities,andIwould be grateful
for your thoughts and opinions on this. Nameandaddresswithheld
Flat Living responds
Flat owners’ belongings stored in the common areasofablockofflatscan be atriphazard andmay also be afire hazard in some circumstances. They should be removedand ideally yourmanaging agent should take responsibilityfor ensuring that this problem is dealtwith. Your leasemay include aclause to this effect, in whichcaseyou should bring it to theattention of your agentand/oryour RMC. For amore detailedresponse to another
question on this subject, turn to pages 50- 51 of this issue.
whichoccurredsome18to 20months previously. This timelagbetween
“yearend” and“AGM” is in myopinion far too long, leadingmeto enquire if
there is a ruling within CompanyLawwhich stipulates a restriction on timelimit between the
two events? Nameandaddresswithheld
Generator
Flat Living
Ifyouhaveaquestionorwouldliketosharewithotherreadersyourideasorexperiencesof livinginaleaseholdblock,wewant tohearfromyou.
Addressyourcommentsorqueriesto theFlat Living teamat
info@flat-living.co.uk
AngelaCotton, Head of Corporate Complianceat Jordans Corporate LawLimited responds
Underthe Companies Act 2006 (CA2006) thereisno immediatelinkbetweenAGMs andthe accountingyearend. In fact,under theCA2006, privatelimited companies no longer have to holdAGMs unless theirexisting Articles of Association expressly requirethe company to hold anAGM. However, forproperty
managementcompanies, even if notstatutorily required,AGMsstill tend to be held as this is agood opportunity formembers to raise issues and take decisionsregarding the running of the company. Thecompany’s Articles of
Association should also be checkedfor any other business thatmayberequiredat general meetings such as the re-election of directors. Theaccountsare supposed
to be prepared andsentto themembersofthe company andfiledatCompanies House within 9 months of the accounting year end. Therefore, if your financial year end is 31 December,the accountsmust be filed by the following 30 September. However, if theseaccounts have been prepared and signed off by the directors by March/April, thereisnolegal reason why theAGMcannot be broughtforward andthe accountsfiledaroundthis time. Youcould askthe
managing agents why your AGMisbeing held so late. Itmaybethatthe AGMis beingheldfollowing aboard meeting that is normally held in
August.Many property managementcompanies have quarterly board meetings where the directors are briefed by themanagingagentson variousmatters such the currentfinancialstatus of the company. By August, the accountingrecords forthe first sixmonthsare known and can be reviewed against budget.
Issue17 Flat Living
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