AGM complete farce and was abandoned, but still received bill

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pinkie123

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I am in my house since 2008 and each year have paid my management fees on time and in full. However, as the years have gone by less and less has been done with the estate and it's looking pretty grim. There is a mixture of houses and apt blocks.

I attend the AGM every year and in March this year the AGM was abandoned due to angry members and the one representative from the management company unable to chair the proceedings. He was in the job a few months and basically had no knowledge of our development. It was a total farce. The directors (builders that left the estate unfinished) have never attended an AGM yet. There were representatives from the receivers but they are acting in the banks interest, which is fair enough. It was clear from the meeting that there are a lot of angry homeowners with leaking roofs in apts etc. It was also apparent that I am in the minority that I actually pay my fees. Now I have no problem paying them, I knew the score when I bought the house. But I am not getting anything for my money. It includes bin fees etc., I pay all insurances separately. Bin fees is the only thing I can see on the budget that I am actually getting. Grounds maintenance etc. is not being done.

The AGM was abandoned and no vote was taken re. this years budget. We asked for another meeting to be called when the management agent employee actually had some knowledge of the development. This was agreed but no meeting has been called and last week the bill for the management fees arrived.
Can you advise where to go from here? This budget wasn't agreed in the AGM. I don't think we should pay anything until a proper AGM is held - we cannot appoint new directors as the current directors never attend the meetings. It is a total mess.
 
"Can you advise where to go from here?"

The owners need to band together and form a cohesive, cherent, educated group. You probably need proper legal advice. This will cost money.

Your post reads too much like an us ( owners) (passive) and them ( receiver, builders) and not enough active - we (owners) must sort this out, as best as.

I see this in practice all the time- so many people just don't get it, they think "the man" needs to get his act together and sort it out. They don't get that they need to work together, they need to accept responsibility for what is happening to them.


mf
 
mf1 said:
"Can you advise where to go from here?"

The owners need to band together and form a cohesive, cherent, educated group. You probably need proper legal advice. This will cost money.

Your post reads too much like an us ( owners) (passive) and them ( receiver, builders) and not enough active - we (owners) must sort this out, as best as.

I see this in practice all the time- so many people just don't get it, they think "the man" needs to get his act together and sort it out. They don't get that they need to work together, they need to accept responsibility for what is happening to them.


mf
Click to expand...

I could not agree more with this quote. The Receiver and indeed county council anther very relevant party have their own agenda. The receiver to sell land to highest bidder who will then come on to the land / apt. block as new owner of the lease to make money out of them irrespective of whether or not home owner/ apt owner have been paying to 'defray the expense of the bankrupt builder ' including payment of water charge which owner are not liable for as no direct connection to public main and sewers from apt or house in a mud development. The connection is by way of lease for service charge of right to connect with pipe under builder lands that connect directly to the public main and sewers. Builder /new owner is liable to IWS - owner are liable to builder / new owner under lease - message if management company acquire builder lands then owner apt owner / home owner take control of lease and the s charge as member of the man co . But if receiver sell to highest bidder ( the objective) then outsider coming in with lease who will not see them in the same way as apt/ home owner . It is very nb resident get together start with two / here and open up residents bank account and start lodging and meeting for this is also got to do with COSTS of legal services to compel builder - still owner of common areas/land - to complete contract for sale to man co . As to s charge it s pretty clear no valid meeting was convened under S18 of the MUD Act - S 18 set out the whole proceedure for setting valid s charge under the ACT . An OMC cannot levy s charge under S18 to efray expenses that are or were the responsibility of the builder und the lease without the WRITTEN CONSENT of 75 per cent of the members of the management company . I suspect u have been paying service charges that has been used to do just that while no sinking fund in place for legal costs of the man co to have builder transfer the common areas to the man co . I Suspect your conveners relying on lease to issue them invoices . If u ca to facebook webpage for chapel farm man co ltd - for more
 
Pinkie,
You need to get together with other residents and call an EGM. I think it is 10% of members you need to call the meeting, they have to hold it then.
If no vote was taken the current director where most likely not re elected yet.
Get a number of residents to agree to go forward for election (as part of your EGM request)
You will most likely have an only those who have paid can vote, this however applies to the receiver units also. Manage attendance and your votes beforehand.

Re Accounts Concerns
A freedom of information request is a must as well as good legal advice. The FOI is likely to leave a substantial trial of correspondence between the receiver and council, which in our experience can often show big ticket expenses being acknowledged as not the management companies.
 
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