Being a Resident Management Company (RMC) Director can be a daunting task, with responsibility for not only the welfare of the building, but that of all those that live or visit the development.
Without the right managing agent
this can be a significant burden
that is hugely time consuming.
This is where Mainstay can help you. As an experienced and accredited residential property management company we recognise that our RMC Director clients need to have the reassurance of a knowledgeable and experienced management partner to support them in discharging their obligations.
In virtually all circumstances the Directors of the Resident Management Company or Right to Manage Company are unpaid volunteers. Directors will spend a considerable amount of their own time and effort on behalf of the other residents, by making key decisions and dealing with enquiries about all aspects of the development as they arise.
The smooth running of the RMC is key to a well-run development. The board of Directors of the RMC is made of leaseholders that have been elected to legally comply with a range of company, housing and health and safety regulation and legislation.
As managing agents, we frequently take on the role of company secretary to reduce the workload placed on the board of directors and allow them to focus on the key requirements of the development.
The board of directors will make key decisions affecting the development and the way it is run in accordance with the lease. As the managing agent we work in partnership with the board to guide decision making and provide an exemplary service which exceeds expectations.
The Memorandum and Articles of Association with the RMC set out how the company should operate. It clarifies specific requirements for eligibility such as, only owners of a flat or house on the development can become a director. Unfortunately, being a resident and not an owner does not qualify.
The following criteria must also be met to become a Director:
- You must be over 16 years of age
- You cannot have been previously disqualified
- You must not be an undischarged bankrupt
There are various aspects to the role of Director of an RMC, here is a summary of the core duties:
- The Directors will manage the development through the RMC company and will be required to learn about company procedures or to employ a third party to advise them on such matters.
- Appointing Officers of the company is a key requirement on an ongoing basis. The officers will have all the normal responsibilities of Company Directors.
- There will be need to attend AGM’S, Board Meetings and General Meetings.
- There will be a variety of technical matters to be dealt with.
- The company must be kept solvent.
Unfortunately, running an RMC isn’t a straightforward matter. Its important to be aware that Directors can be found personally liable for breaches in legislations and need to act with the Memorandum and Articles of Association.
There is a wide variety of statue and case law that surrounds running the RMC, as such Mainstay would advise to take out Directors and Officers insurance. Due to the complexity of the legislation surrounding RMC Directors our approach is to work in partnership with the RMCs we work with to ensure that the appropriate advice is provided where relevant.
Personal information above each Director is held confidentially by Companies House. Mainstay can work with you to field enquiries about the development and discuss key issues with you as they arise. It is the choice of the Directors of the RMC on how they would prefer to operate.
If you require any further help or guidance with any aspect of becoming an RMC Director, please email Daniel Potter, Property Support Services Director on firstname.lastname@example.org.