- In disputeThe objective report which identified the leak communal water supply Flat 9 Dallington square, 28-31 DallingtonDear Tony,
I completely agree with Avril’s stance on your 28 October email and do not intend to validate your “When did you stop beating you wife?” rhetoric other than to note the ironic notion that the Board is insisting that you should indemnify DSML against “any and all future complaints” [by inference from you] against the addressees of the email.
In the real world, you have rejected a generous offer from the Board which would relieve you of any personal or financial responsibility for the cost of tracing and repairing the leak on the grounds (apparently) that you are not willing to accept the proposition of full and final settlement. This can only be taken as meaning that you want more, despite failing in the past to respond to requests to define and quantify what your outstanding claims might be. In other words, you are insisting on an open-ended indemnity from DSML rather than the reverse image of this which appears to be presented in the distorted mirror of your email.
I am at a loss to understand why you fail to appreciate that in your quest for personal satisfaction you are insisting that the Board approves a blank cheque in your favour which would undermine the fiduciary duty which which we as Directors owe to DSML and its shareholders.
I am deeply concerned by the Company’s handling of the very serious incursion into my water supply. As a Company, DSML has a responsibility to its leaseholders [and fellow Directors] to professionally address the problems that have been raised with you. Rather than taking legal advice, the Directors have subjected me to unsubstantiated conjecture. No Director is a legal expert yet continue to comment as such. Neither has any Director [other than me] taken advice from one. I am reminded again that ‘Director’s Insurance’ does not cover individual culpability for unprofessional conduct.
I have asked for the company to confirm that it accepts liability for the breach of my water supply. You have been given ample opportunities to confirm or deny this question. If you refuse to formally respond, my legal firm is prepared to challenge the Board and its Directors in its behaviour and actions towards me as a leaseholder. The consequence of this immediately places us, yet again, in dispute. A position that affects all leaseholders in the Square.
I, therefore, urge you to address the above before forcing me to take legal action which will be costly, time consuming and affect all leaseholders.