Whiteglass_ale
Registered User
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i’m looking for advice from anyone with experience of Owners’ Management Companies (OMCs) in Ireland, particularly regarding voting rights at AGMs.
I was previously a director of my OMC but have since stepped down. One of the issues I raised during my time as a director concerned voting eligibility at our AGMs.
Our company’s constitution specifically states that members with outstanding service charges are not entitled to vote at general meetings. However, despite this provision, the managing agent has continued to allow members with outstanding balances to vote. I raised objections to this on several occasions, but unfortunately, I did not have the support of the other directors, so I eventually stopped pursuing the matter.
From my perspective, this is a governance issue. If the constitution clearly sets out who is entitled to vote, surely those provisions should be followed consistently.
At previous AGMs, I had access to the list of outstanding service charge balances in my capacity as a director. I was aware that members with arrears were being permitted to vote, which raised concerns for me about whether the voting process was being conducted correctly.
At the next AGM, I will be attending as an ordinary member rather than a director.
My question is: how can I, as a member, ensure that only eligible members are permitted to vote and that votes are properly recorded and counted?
For example:
I want to approach the next AGM constructively, but I also believe members should be able to have confidence that their company’s constitution is being followed and that decisions are made through a fair, transparent and properly administered voting process.
Any advice or experiences would be greatly appreciated.
I was previously a director of my OMC but have since stepped down. One of the issues I raised during my time as a director concerned voting eligibility at our AGMs.
Our company’s constitution specifically states that members with outstanding service charges are not entitled to vote at general meetings. However, despite this provision, the managing agent has continued to allow members with outstanding balances to vote. I raised objections to this on several occasions, but unfortunately, I did not have the support of the other directors, so I eventually stopped pursuing the matter.
From my perspective, this is a governance issue. If the constitution clearly sets out who is entitled to vote, surely those provisions should be followed consistently.
At previous AGMs, I had access to the list of outstanding service charge balances in my capacity as a director. I was aware that members with arrears were being permitted to vote, which raised concerns for me about whether the voting process was being conducted correctly.
At the next AGM, I will be attending as an ordinary member rather than a director.
My question is: how can I, as a member, ensure that only eligible members are permitted to vote and that votes are properly recorded and counted?
For example:
- Can I formally request confirmation before voting begins that members’ eligibility has been checked against the company’s constitution?
- Am I entitled to ask how many members were eligible to vote, how many votes were cast and how the final result was determined?
- If I believe someone who is ineligible to vote has been permitted to do so, what is the appropriate way to raise this during the AGM?
- If the managing agent or board does not follow the constitution, what options are available to members?
I want to approach the next AGM constructively, but I also believe members should be able to have confidence that their company’s constitution is being followed and that decisions are made through a fair, transparent and properly administered voting process.
Any advice or experiences would be greatly appreciated.