It would be fairly standard that only those paid up have a vote at an AGM. We work with our agents at the AGM and check the attendance list off the payment register before any votes take place. Only votes of those who are fee compliant are counted.
how do you verify that only valid votes are counted if there is a large attendance? memorise the faces? or another method?
Hand out coloured A4 cards with the word Vote on it as people are checked in to the room.
Or if you fear a bit of agro, hand yellow card to the eligible members, and green cards to those not eligible. Chairperson can then count the appropriate colour only.
Chairperson/directors should study Articles/Memorandum of Association of the company before the meeting. They usually give a lot of power to chairman over what way the meeting is run, within the rules laid out in the Articles/Memorandum of Association of course.
If memory serves, every member has a right to view the books of accounts of the company, which includes what unit are paid up and who is in arrears. I think every member may also view the register of members. There are a couple of threads on that topic around here.
Not sure if Data Protection Act applies.
The first year in my development, they decided to be up front, agent and his helpers checked everyone in at the door, agent checked the ledger and issued a yellow "vote" card. If there was agro the agent dealt with it, told them to read the articles and memo of association, and asked them why they had not paid their fees, when they would be paying their fees, if they'd like to pay now they can vote, etc....? Explained that they could come in, but would not be able to vote, etc.
They arranged the room so there was a bot of a hall/alcove for the check in conversation, to try to preserve some politeness!
Be prepared for plenty of shouting and screaming though, from what i've seen the non paying members tend to be most vocal.
Remember, they're the ones at fault, and the AGM is governed by strict rules, etc.
I know a development who got advice to say they couldn't publish the list of non paying units, so instead gave paying members the option to appear on a "thank you" list
That's wholly incorrect regarding payment of fees. All fees paid by a member is confidential financial information and can never be disclosed by any director to a third party.
That's wholly incorrect regarding payment of fees. All fees paid by a member is confidential financial information and can never be disclosed by any director to a third party. To do would be a serious breach under the data protection act.
The data commissioner does make this clear and there have been various threads about it.
That said the issuing of coloured paper may not be a complete breach.
In terms of inspecting the accounts members can usually do this at the discretion of the directors but the members identifying information should be removed as showing who has paid clearly shows who has not by default. I might run this by the data commissioner.....
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