Thanks. Basically we received a notification for our Development Name Resident's Association AGM which I had no interest in attending but it turned out on the night to be the Development Name Management Company AGM. I believe the mistake was deliberate in an attempt to reduce the number of attendees so that a very dodgy service charge could be pushed through for 2013.
Thanks. Everyone received the same 'notification'. The reason I ignored it was that apart from the incorrect name, it didn't include:
- an agenda
- descriptions of any special business to be discussed (which was subsequently discussed at the meeting)
- proxy forms
- directors reports
- auditors reports
- accounts
- budget proposal
All it said was that the management company was holding the resident's association AGM (which of course makes no sense). One crappy page with a few lines on it slipped through the letterbox - that's all! The only contact details given was a solicitor's office address (the MC's registered address) so I called them twice to seek clarification on the notice. On both occasions they refused to clarify what AGM was being held - on my first call they didn't know what I was talking about. The impression I got was that the notice had not originated from them (I think the builder is at the heart of all this). Their only response was to say I should go to the meeting. The whole thing was a shambles. I received a copy of the minutes of the meeting afterwards - completely shambolic in keeping with the notification process. I have contacted the management company and requested copies of previously submitted accounts and articles of association - no response. Whatever about the builder trying to pull a fast one, I don't understand how any legal firm can stand over this carry on.
Did they vote in a budget?
No. They only 'elected' a committee who would take care of things. This committee then met in Jan and decided who would be secretary, chairman, treasurer and PRO (yes, a PRO!!). This committee then decided among themselves what the budget would be for 2013. The whole thing would be hilarious if it wasn't so serious.
Are you sure this isn't just the RA? treasurer is not a typical ltd company role and neither is PRO. They are common with RA's and other groups though. You can't elect a committe at a company AGM. There are directors from start to finish. You can also obtain the B10 form off the cro site to see who the directors of the company are if your unsure.
Possibly crossed wires here? It does sound like the RA only at play. Possibly organising a budget for things other than what is covered by the company but purely voluntary.
Would a RA require an annual budget of €20,000? I ask that rhetorically btw. The MC are either deliberately or ignorantly fudging the two entities but it's most definitely the MC that are making demands for money based on these meetings. I am aware of the role of each entity - I am a member of a separate, very well run, MC in Dublin. The problem is that the Dublin MC follow procedure by the book so there is never a problem. These other clowns/cowboys I am dealing with now are a problem as I have to figure out what to do when procedure is not followed and the first issue on my to do list was the validity/legality of the 'AGM'.
@ LeoD
What type of development is this? 20k seems on the low side for a large multi unit development with commom areas to maintain, insurance etc.
It would seem procedures are not being followed re AGM notices etc. Are you aware that you could petition for an EGM and remove the builder from the OMC?
Then you the residents, can determine everything. That would seem the best way to move forward with this.
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