Yes, this MA has been in place for 5 years now, no problem here except for reluctant to tender for value for money, just uses the same expensive contractors all the time.The members of the OMC have the right to appoint a chairman and directors to the board of the OMC. The board has the right to appoint whoever they want as managing agent.
Normally, each property has one vote - so if someone multiple properties, they will have multiple votes - no?
However, as it is a thankless task, not many members want to act as directors, so anyone who does, usually gets free rein to do what they want
Our issue here is lack of transparency, as I said the Director of the MA also has an interest as a member of the OMC (non director) through another company that he owns.
It's one vote per unitYes MUD 2011 act stipulated one member one vote, unless articles of association say other wise, this would be uncommon. So normally One member one vote.
But our articles of association say I member one vote? OMC was formed before the MUD 2011 act, this changes things substantially, in our case as the MA through another company has a majority vote at any AGM ect.It's one vote per unit
14.— (1) The voting rights of members in an owners’ management company to which this section applies shall be structured in such a manner that in the determination of any matter by the members of the company one vote shall attach to each residential unit in a multi-unit development to which the owners’ management company relates, and that no other person has voting rights in respect of such determination.
Yes I agree, this has been discussed with MA on numerous occasions with both BOA and at AGM's with members, there is a unwillingness to do so by the MA.Possible simple way of correcting this.
Introduce a condition in the contract for the MA to get quotes from two other companies for any expenditure heading that will total over €xxxx in a 12 months period.
And add that the OMC members may agree on one or more companies that should be approached.
Do that and you'll inevitably experience delays getting urgent and time sensitive works done.Possible simple way of correcting this.
Introduce a condition in the contract for the MA to get quotes from two other companies for any expenditure heading that will total over €xxxx in a 12 months period.
The more important question is the possibility of "conflict of interest" as laid out above
Yes it turns out now that they are, The MA now actually owns a lot of property in the development and in turn has majority over smaller members, would like to know If this is allowed?Where is the conflict of interest? The MA isn't a member of the OMC board.
You are secretary of the board and you didn't realise the individual you have concerns about was a board member?Yes it turns out now that they are, The MA now actually owns a lot of property in the development and in turn has majority over smaller members, would like to know If this is allowed?
They are not a Board Member, they are a member of the MC (Management Company) as a significant owner (multiple units). They are also the MA (Management Agency) to the MC.You are secretary of the board and you didn't realise the individual you have concerns about was a board member?
This situation leaves the MA with majority control of the MC (votes at AGM/EGM) ectThey are not a Board Member, they are a member of the MC (Management Company) as a significant owner (multiple units). They are also the MA (Management Agency) to the MC.
There are 23 apartments, the MA as of last count owns 12 of them, Mud act 2011 states one unit one vote.I am now so confused about the situation, perhaps you can clarify
How many appartments?
How many owners?
The MA does not have any control over anything - it may be that the majority of the appts are owned by the controller of the MA but that is not the same thing
COI is (Conflict of Interest)I presume PSR is Property Services Regulatory Authority
No idea what you mean by COI
Generally it is better to write out in full - most people here would not be aware of all the acronyms used by the various bodies
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