Limited Company - Directors will not allow myself to become a director

[trebor999]

We are a married couple who own one of four barns on a small development with shared access via a long drive. The drive is owned by a limited company with four shares issued. Each barn owner has one share.

The limited company is responsible for its maintenance and upkeep which is specified in a separate covenant.

The limited company’s article of association say each barn owner is allowed to appoint one director.

One of the barn owners doesn’t want to be a director and the other two have decided they will not appoint one of ourselves as a director, it’s a long story!

The limited company is a shell company with no income or monies, it was set up purely to own the land. Because of this we are reluctant to appoint a solicitor because the company could not pay any costs awarded against them.

we understand we can apply to the courts to enforce the articles of association but are not sure how to proceed, any help or advice would be very much appreciated.

[atticus]

This sounds like a suitable case for use of the CPR Part 8 procedure, in that it appears to be a case where the salient facts are not in dispute.

You may benefit from legal assistance. If the other parties do not back down after receiving a firm written request, they may be ordered to pay your costs.

Do you have legal expenses insurance cover?