Management Company AGM

[shesells]

Apologies if this should be in legal...

Just wondering if anyone knows if an owner can challenge the holding of an AGM without 21 clear days notice? We got a notice last week giving us just 18 clear days notice (under the companies act, the date of receipt of the notice and the date of the AGM do not count but the notice went out a day late even if they did).

Management agent says it's fine to go ahead but I don't trust them and want to get it re-scheduled so that the AGM is totally above board.

Anyone any experience of this?

 

[Mers1]

Hi Shesells,

We had the same problem last year. By law, notice of 21days has to be given before an AGM can be called. Our management company said that it was ok to proceed, we being the residents committee disagreed, and thankfully during our negotiations we had a resident who is a solicitor who wrote to the mgmt company outlining the correct procedure.

Has to be 21 days

 

[Stifster]

Hi Shesells,

We had the same problem last year. By law, notice of 21days has to be given before an AGM can be called. Our management company said that it was ok to proceed, we being the residents committee disagreed, and thankfully during our negotiations we had a resident who is a solicitor who wrote to the mgmt company outlining the correct procedure.

Has to be 21 days

Not technically correct.

s.133 of the Companies Act states

(3) A meeting of a company shall, notwithstanding that it is called by shorter notice than that specified in subsection (2) or in the company's articles, as the case may be, be deemed to have been duly called if it is so agreed by the auditors of the company and by all the members entitled to attend and vote thereat.

Though you would be unlikely to get all the members present to sign in your circumstances.