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News Updates 12th June: We have begun a blog. PLEASE DO LEAVE A COMMENT ON ANY ASPECT OF THE RUNNING OF OUR ESTATE. Yours name and e.mail address won't be displayed. If you don't know how to work the system send us what you want to say by ordinary e.mail or phone call, and we will add your comment. We are not censoring the input - with the exception of any profanities!
Please refer to this blog to learn your new share number, as recorded at Company's House! Share of what? Whatever is left perhaps?
28th July: For the moment we are holding back on officially delivering to the office / the company secretary our motions for inclusion in the September AGM Agenda.
Perhaps, just perhaps, the resident who attended the meeting on 21st July, and suggested she could arrange a mediation meeting will successful in doing so. We have agreed to this, and would attend, with polite advance notice of our specific questions.
27th July: Director resigns.
26th July: There is a possibility, no more than that, that the Directors might meet with us to discuss the grievances of their fellow residents. In the meantime any shareholder interested in signing motions that we have prepared for the AGM (should it actually happen!) can contact us and we will send them as e.mail attachments and so that you can consider them at your leisure.
Having dimissed Shelagh with far less than the legally required period of notice Colonel Moran is now working in the office daily from 8am to 1pm approximately. We are told by Our new "manager" that this will be for some time yet, and Colonel Moran 's presence is needed to ensure a smooth transfer of the running of the Estate! How many people are we employing? When we had a qualified Estate Manager Pauline worked 25 hours a week, and Shelagh assisted her.
Wednesday 21st July: We booked the Bowling Alley (next to the Garage opposite the Estate) for a General Meeting on the running of OUR ESTATE. We will distribute details. AGM's can be too rigid to allow people with genuine concerns to speak up.
We found at Companies House a share list produced on 10th May 2010. Every single share number has been randomly changed when compared to the share certificates that residents have been issued! This includes those who were living here when we bought the Estate and have never moved away from it.
Just what is the point of this new list? And is it legal?
We were going to raise this at the cancelled AGM.
Shelagh was to attend the cancelled AGM as a proxy for a Shareholder.
Both Shelagh and Pauline Mycroft, the Estate Manager prior to the arrival of "Moriarty" are attending the General Meeting on 21st July.
9th June: Congratulations to our newest Director Fiona Hill. Fiona moved to the Estate in November 2009 and was co-opted to the Board on 20th May 2010.
7th June: Our Company has filed the 2010 Annual Return at Companies House.
Here is the link if you want to buy it!
24th May: Here is a link to our Company's changed Risk Score and changed Credit Limit.
Click here for a possible, partial explanation.
If you want to e.mail us please do, or you can leave a message on the answerphone.
Our Current Directors: How many do you know about? We all knew Shelagh though! Currently 9th June 2010: In addition to the newly arrived Fiona Hill (see above) the directors of our company are:
Raja Assili appointed 31st May 2006: 10 other directorships
Christine Alice Margrit Pickard appointed 24th January 2008: 3 other directorships including director Richmond Bridge Mansions.
Anne Falconer Pringle appointed 20th November 2008.
Simon Gareth Scott appointed 15th February 2007
Bernard William Spencer appointed 20th November 2008: 51 other directorships.
Hylda Irene Wilson appointed 19th April 2007: 17 other directorships.
Past-(unelected! )Chair has appointed herself (it now appears repetitious!) to sit in Shelagh 's seat!
Tip for others concerned residents:
Check that all the directors within the company you are in dispute with are registered ad directors. Unregistered directors are personally liable for any damages and/or costs of any successful legal action against them. We set out easy-to-follow steps on how to do this on a later page.
"The Campaigning Handbook" by Mark Lattimer.
page 225: " ... The equity or shares in a private company will be controlled by an individual, a family or other closely knit group of people ..."
Our new "manager" owns a flat; a share in our company and currently lives on the Estate. Could there be a conflict of interests? Unfortunately, Our new "manager" has no previous Estate Management experience or Estate Management qualifications. Our new "manager" is an accountant.
Association of Residential Letting Agents National Association of Residential Property Managers:
we are following the NARPM on Twitter. College of Estate Management Estate Management courses.
It has been said that democracy is the worst form of government, except for all the others that have been tried. Sir Winston Churchill, (1874-1965). We have also gained the interest of Members of the European Parliament.
As far as we can tell the directors of NO other resident-owned Estate have instigated a hearing against their fellow-lessees (i.e. themselves!/ourselves!), and without even bothering to directly informing them!/us!
We have actually been told
(sadly no independent witnesses!!), BUT this is a direct quote from
Colonel Moran :
"All shareholders are NOT equal and the rest of you will have to do what you are told!" Naturally we said NO! Below is around 1/5 of a letter written by Past-(unelected! )Chair
This is another accurately reported direct quote. It is taken from an undated circular that was distributed in May 2007.
To the best of our knowledge, it was sent to all residents who, in the opinion of "the Directors" were considered shareholders!
The orange highlighting has been added by us for emphasis. We feel this is both dismissive and arrogant! THE QUOTE BEGINS .. "On several occasions CROC have complained that they don't have free and unrestricted access of ALL blocks on the Estate and they claim that they are entitled to this ... they are not - no-one is. Yet another instance where they seek to spread inaccurate information.
Our leases (ours appear to be different!!) grant the right "to use on foot only the entrance hall, staircases and passsages leading to and the lift serving the Demised Premises and to pass on foot only over and along the paths ..." In other words we each have the right to access only to the building in which we own (or reside in) a flat.
(This is obvious rubbish. Shareholders are shareholders in the freehold of the WHOLE estate. As shareholders we all contribute to the TOTAL, NOT THE INDIVIDUAL BLOCK COSTS for the heating of the hallways; the carpeting; the cleaning; the interior decorating etc ...). ...
THE QUOTE CONTINUES ... Moreover "All the above easements rights and privileges are subject to and conditional upon the Lessee contributing and paying as provided in sub-clause (6) of Claude 4 of this Lease.
Sub-Claude (6) of Clause 4:-
(6) to pay to the Lessors the maintenance charge specified in Clause 6(10) hereof at the time and in the manner specified in Clause 6(11) hereof".
Therefore if you do not pay your maintenance charges on time you have no right of access to your flat nor may you use the paths and roadways of the estate - the air over the Estate is not mentioned, so he/she who habitually pays late will have to acquire a James Bond style turbo pack and enter his/her flat through the window!" END OF QUOTE ...
We have quoted absolutely accurately. This is how some regard their fellow-lesees!
The writer of the above was NOT Moriarty ...
but a highly respectable professional and fellow-resident who, in May 2007, was the Past-(unelected! )Chair of our Estate. Past-Chair usurped Shelagh 's chair, and now settles down on most mornings to guard the Estate Office.
At the AGM in June 2007 Past-(unelected! )Chair stood down as Chair, and later as a Director. Past-(unelected! )Chair had been co-opted as a Director almost 2 years previously, but had declined to stand for election at the AGM following her co-option.
At the 2005 AGM an election for Members to the Board did not take place, due to "a technicality". This was despite the Ballot papers having been printed and distributed "in good faith".
Refreshments replaced voting!
With the arrival of "Moriarty" and Colonel Moran as the supposed "Managers" of our Estate some directors appear to have decided that co-opted directors could hold their positions until they chose to step down! Without the activities of CROC this practice would, almost certainly, have become established! The previous Articles of Association of our Company were, eventually, re-instated. However, due to "a technicality" (i.e. a typing error!!) directors co-opted during the period the "replacement" Articles were in force, were, apparently, allowed to remain as Directors of the Estate, and did ever need to stand for election! "Moriarty", who learnt his "specialist" accounting skills in the Pay Corps! spent the first 3 months he was employed as our Estate, shut up in his office, re-arranging our accounting systems and making our share list at least partially incomprehensible! For a number of years our share-list has not been registered at Companies House, where it should be on public record and available for inspection on payment of the relevant fee.
A CROC member had to pay £25 to get a copy of the internal (outdated) office copy of the share-list!
Another CROC member found their mother had been listed as a voter for the directors of Courtlands Estate (Richmond) Limited three (3 1/2) and a half years after the mother had died. This happened in the legal bundle provided by the company solicitors in
Courtlands Estate (Richmond) Limited v Lesses of Courtlands Estate
a case in relation to the heating of the Estate. Naturally we were all extremely sorry for the occupants of the 32 flats who were without heating and hot water at the beginning of a warm October, but ... and it is a big but,
the £69,000+ spent on emergency heating for 32 flats for 2 weeks; the legal costs of Courtlands Estate (Richmond) Limited v Lesses of Courtlands Estate ,
a Tribunal hearing that no-one has ever brought to our attention; Around £5,000 spent on an environmental report that the Tribunal noted was a pointless, useless and recycled study for the heating of a primary school! Even the nsme of the school and it's diagram plan had been left for all to see!
Total cost of heating 32 flats for 2 weeks was around £100,000.00.
Forward planning and listening to advice that the Estate had already paid for would have saved money by avoiding all of this!
For an explanation as to how we arrived at an estimated cost of the legal expenses on page 4. Our company set up the litigation ... thus, "all shareholders, i.e. service charge payers," had to meet the legal expenses of both sides.
Forward Planning ..?
Many shareholders recently attended an EGM called by the Board, but at CROC we are now wondering whether any shareholder has considered enquiring of the directors as to whether our Estate would be granted planning permission for the installation of individual heating boilers? Whilst we do not have access to all the detailed plans, we phoned the Council to ask, and the initial opinion was that our Estate would probably not be given this permission!
Isn't this called "putting the cart before the horse!! Our Future Heating. ... and why did we spend £100,000 to heat 32 flats for 2 weeks in a warm October? This sum includes the legal fees we all paid out to litigate against ourselves!
This assessment of our situation was written on 18th March 2010 by a previous (efficient) Manager of our Estate, the predecessor of "Moriarty". "I read the LVT case from 2007 (referred to above) about the boilers in Marlborough. (=Marlborough House). I had heard about it at the time and was somewhat surprised that Nationwide's advice had not been taken.
The next thing will be that they (the Directors) want everyone to install individual boilers and the buildings will look very messy with flues and other pipes sticking out of every flat as well as all the problems with pipework etc. At some time or another all the lead waste pipes are going to need removing and that is going to be exhorbitant. I was involved in the end of a project in Putney of 200 flats where they decided to go independant and it was millions of pounds and there was a lot of problems trying to install boilers in very small flats with all the pipework being surface mounted around the flats and then having to be boxed in etc. etc. ... "
Points of Information: Nationwide's advice was not listened to, and the company that had maintained our heating system for 20 years+ was dismissed by Colonel Moran .
It is no longer permissable to have a newly installed domestic flue discharging waste toxins at ground level.
Logically that must mean that the owners of any 1st floor flat will be asked to have the flue from the flat underneath passing through their property.
Would any sensible lessee agree to this?!
Would any resident want to open their window (even a small one) and have the fumes from the adjoining flat belching in?
The British Flue and Chimney Manufacturers Association offer a free information service on request.
CROC members think that individual heating boilers in every flat on this Estate are not feasible. If we were able to, and we did choose the individual boiler route it would cost each flat more in the long-run. Individual boilers need individual maintenence contracts and individually replacing as they wear out!
Until the arrival of "Moriarty" our Estate, and the Estate Office had been efficiently run by professionals who worked part-time and to budget. At the 2007 AGM CROC asked, politely and audibly Why our staff costs increased by £22,000 in 2006?
The directors refused to answer on the grounds of confidentiality, and because, as shareholders "we were not entitled to know"! Colonel Moran obviously took lessons from "Moriarty", and prefers to keep staffing information from shareholders and residents. Another "Moriarty" technique that Colonel Moran adopted was charging £10.00 a copy for the Minutes of Shareholder Meetings. Previously Minutes had been freely distributed, as is customary elsewhere! The Minutes of some of the Meetings that we, as residents, have paid to have recorded by professionals, are now classified as "View Only" and can be read, but NOT removed from the office.
A reading fee is still imposed!
This recording was apparently done in the interest of accuracy, but
CROC officially wrote to the Estate office to say that, as concerned residents, we would pay (NO charge to the Estate) for the votes at AGMs to be counted by the Electoral Reform Society. Our reasons for wanting this were:
Vote counting by the Electoral Reform Society is not particularly expensive. The accountants charge a fee for doing this anyway.
If we paid the Estate would have saved that expense, and voting would have been confidential.
It would not now be possible to go through the Electoral Reform Society. They need an accurate and up-to-date sharelist to work from.
With the arrival of "Moriarty" in our Estate office, the accounts of our Estate became compiled "in-house".
Our long-standing accountant, who had arranged for our company to pay NO tax as a social enterprise with a concession to not-for-profit organisations, was dismissed was dismissed by "Moriarty". If you don't believe us then refer to the back copies of the Company accounts. Our concession has been cleverly negociated.
Our book-keeper was dismissed in a scenario virtually identical to the one in which Shelagh was bundled out! The book-keeper was so incensed that she posted, to all residents and at her own expense, a letter outlining her genuine grievances.
Under "Moriarty" the accounts began to be filed using the Small Companies category.
Under the Small Firms category outside auditing is NOT a legal requirement of Small Companies filing.
Our Shares are Valuable.
At CROC we have spent hours transferring the original share records to a spread-sheet. This is accurate up to December 2004. For shareholders who were resident then, and who are still living on the Estate we have the details recorded.
Within 3 months of the arrival of "Moriarty" on our Estate the share numbers had been removed from the official share list.
"Moriarty" re-listed shareholders alphabetically by surname.
This leaves the system open to mis-use. Many shareholders are not resident. For shares that have changed hands since 2005 it might not be easy to verify ownership. Any name can be added to an alphabetical list. There is no way for us (presumably the office might manage!) to connect a surname to a specific lease or to a flat.
Our Consitution states that only a leaseholder can hold a share.
Those who own multiple flats can ONLY vote with the first share they owned. The additional shares still qualify for a share of any assets, but the rule is strictly only one vote for a shareholder.
This check was brought in to protect us all.
Some while ago a particular person was attempting to take over the Estate by buying flats and thus acquiring a block vote! At one stage, and in quite a short time, that person had at least 16 flats. Most of these flats have now been re-sold.
Asset-strippers and speculators are always looking to make a fast money! As shareholders we must all remain alert or we will lose our Estate assets and our independence!
There should, currently, be at least 20 flats without a share. These are the flats that are still owned by our Company. No shares have ever been allocated to these flats.
When a flat is sold the share should be transferred to the new owner, for the nominal price of £1.
If the buyer does not want the share, and that has happened, then that share has to be sold back to the Estate in exchange for the nominal £1. That share is then removed from the share register.
A buyer for a flat that does not already have an allocated share can buy a share from the Company for the nominal £1.
Your £1 share actually MEANS THAT YOU OWN AROUND 1/230th OF THE TOTAL ASSETS OF THE OUR COMPANY.
These assets include your portion of the value of the remaining communally owned flats.
Your portion of the communally owned garages;
Your portion of the freehold of the gardens; the commonunally-owned woodland and other communally owned assets.
Should, God forbid, a private equity company suddenly appear on the horizon, your £1 share could. theoretically, be worth in the region of £30,000! However you'd be diddled in some way, and the quality of your life would plummet if outsiders gained control of the Estate! Where is your share certificate? Please make sure you know!
Planning Law and Your Rights.
Here is a direct link to the Planning Application Search Page for Richmond-upon-Thames. .
It is sometimes quite interesting to see what is happening around you!
For instance the Lass of Richmond Hill pub is due to close (officially) on 28th June, but this might be postponed for just one of two weeks.
Power – Up: Planning, the Law and your Rights, 2010,
a residential training weekend organised and subsidised by Friends of the Earth. Find out how to use the planning system effectively. Learn how to confidently use legal and planning knowledge and share your ideas with others. Gain the tools, confidence and contacts to help make your community a cleaner, healthier, fairer place to live.
Subject: Listed Buildings: Demolishing Red Tape.
The (last) Government announced plans to introduce a Heritage Protection Bill to “create a more open, accountable and transparent heritage protection system and to safeguard the cultural property of the United Kingdom…”.
Currently, buildings and other structures of special architectural, historical or cultural significance are protected by means of a listing system. The list is compiled by the Secretary of State for the Department for Culture, Media and Sport on advice from English Heritage.
Could this be a mirror image of our situation? Friday 9th September, 2005. Front Page. 
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