Advice on Obligation to Publish Records

Advice on Obligation to Publish Records

Posted by Catherine O’Riordan, on December 23, 2021. Tags: , ,

We advised this property management company on its obligation to provide certain types of documents and information to the members of the company and lessees of the flats. A number of the members of the company had in the view of its directors submitted vexatious and repeated requests for copies of accounting records, which had already been provided or which they were not entitled to see.

We considered the company’s articles of association, the terms of the lease and relevant legislation and produced a detailed note setting out (i) which documents or information the client was required to supply (ii) any deadline for provision of such documents/information and (iii) any requirement to make documents available for inspection by the members. On the basis of our note, the directors felt able to respond appropriately and robustly to the members’ requests.

We also advised the company on whether it was permissible under data protection legislation to disclose flat numbers of those tenants in arrears in the company’s annual accounts. Given that it might be possible using information in the public domain (for example at the Land Registry or at Companies House) to identify individuals living at particular flat numbers, we concluded on balance that the arrears should not be listed by reference to flat number.

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