Voting Rights under MUD Act

TheBigD

Registered User
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106
Hey all,

I'm aware that under the MUD act, each member of the management company gets one vote per unit they own.

But if a member is behind in their payment of service charges, do they lose their right to vote at AGM, EGM? Or indeed do they lose their right to attend these meetings?

Thanks
BigD
 
The MUD Act states that on the purchase of a unit the unit owner becomes a member of the Management Company and has the rights and obligations of a member.

You will need to look at the memorandum and articles of association to see if members in arrears are entitled to attend the AGM. If you have a specific grievance and are not paying until it is rectified you should have it listed for discussion at the AGM.

If you are not paying because you can't surely you can reach a payment plan with the management agent or directors.
 
articles of association outline voting rights. Its normal for those rights to be lost when service fees are not paid.
 
Yes, articles of association indicate that no fee, not vote policy applies.

Thanks
 
articles of association outline voting rights. Its normal for those rights to be lost when service fees are not paid.

Yes, articles of association indicate that no fee, not vote policy applies.

Thanks

Sorry for bringing up an old thread but would the provisions of the MUD act not override the Articles of Association Rules on voting ( i.e. no vote if fees are not paid) except where the developer or members or both have made a successful application to the circuit court to assert their voting rights as defined in their articles of association ?

MULTI-UNIT DEVELOPMENTS ACT 2011
Section 16- (3) Where the voting rights of members of an owners’ management
company to which this section applies are allocated on a basis
other than that specified in subsection (2) a person who, but for this
section, would be entitled to exercise such voting rights, shall not
exercise such rights unless that person has applied for and has been
granted an authorisation to exercise those rights by the Circuit Court
which application shall be made under section 24.
 
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