Condominium Act - Covid lockdown

[stephenhillcoat]

Thanks for allowing me to join this Group.

Our AGM is due to take place in October.

There is no provision within the Act or our Management Plan to allow decisions to be taken if an AGM cannot take place due to a Covid lockdown (uk Homeowners won’t be able to fly in and make their views known/votes taken).

What is the process if an AGM cannot take place?

Is is postponed until a meeting can take place?

Do the Board of Directors continue until a new AGM appoints a new set?

If there is a business critical decision that needs to be taken (eg awarding a contract) can this be done in the absence of an AGM?

Many thanks - Stephen

 

[VILLASUNDAY]

On our site we give proxy votes if we aren't going to be there. In the past our site has also held the meeting in Ankara, where the majority of owners live, rather than on site.
I don't know if that is legal, but I presume that the proxy vote is, as my neighbour to whom I give my vote is a Turkish Lawyer

 

[akbukowl]

Thanks for allowing me to join this Group.

Our AGM is due to take place in October.

There is no provision within the Act or our Management Plan to allow decisions to be taken if an AGM cannot take place due to a Covid lockdown (uk Homeowners won’t be able to fly in and make their views known/votes taken).

What is the process if an AGM cannot take place?

Is is postponed until a meeting can take place?

Do the Board of Directors continue until a new AGM appoints a new set?

If there is a business critical decision that needs to be taken (eg awarding a contract) can this be done in the absence of an AGM?

Many thanks - Stephen

A few options
Delay the meeting
Meet over the internet
Extend the term of office of the present committee
Our legal advice is all options would need to go in front of a judge.exeptng.
You could also do it by proxy options
We are going to attend ours which is in October

 

[akbukowl]

Thanks for allowing me to join this Group.

Our AGM is due to take place in October.

There is no provision within the Act or our Management Plan to allow decisions to be taken if an AGM cannot take place due to a Covid lockdown (uk Homeowners won’t be able to fly in and make their views known/votes taken).

What is the process if an AGM cannot take place?

Is is postponed until a meeting can take place?

Do the Board of Directors continue until a new AGM appoints a new set?

If there is a business critical decision that needs to be taken (eg awarding a contract) can this be done in the absence of an AGM?

Many thanks - Stephen

One problem is that bank authorities run out but direct debits don't

 

[stephenhillcoat]

Thank you, so far.

Proxy may well be the route we take.

Q: our Proxies have been given to contractors on-site. If a decision is being taken which affects their business, surely this would be inappropriate, if not illegal.

Any other AGMs where contractors are given proxies?!!

 

[alva5763]

Surely the proxy holders have to vote the way of the decision on the proxy paper?

 

[stephenhillcoat]

Sorry to have to ask but what is a Proxy Paper?

Our AGM is not the most professional of settings.

We have an agenda; appoint the directors; and then take decisions based on 4/5 majority (sometimes it’s a simple show of hands).

We have never really professionalised the set up....

Is there a guide of how to properly run an AGM....help!!

 

[IbrahimAbi]

Surely a home owner has the right to choose his/her own proxy

 

[yalimart]

Are proxy voters limited to the number of proxies they can hold ?

Martin

 

[WIDDRINGTON]

Surely a home owner has the right to choose his/her own proxy

that is an interesting one IbrahimAbi. In our management plan , it is restricted to a nearest relative. However I am sure that if any owner objected to the court ( as they of course can do ) then the court would consider the management plan to be unreasonable and allow change accordingly.

 

[akbukowl]

Sorry to have to ask but what is a Proxy Paper?

Our AGM is not the most professional of settings.

We have an agenda; appoint the directors; and then take decisions based on 4/5 majority (sometimes it’s a simple show of hands).

We have never really professionalised the set up....

Is there a guide of how to properly run an AGM....help!!

Your invite letter which should be sent by recorded delivery should contain the agenda and a proxy voting form .
An individual owner can appointment any competent person to act on there behalf and give instructions how to vote on agenda items.

 

[akbukowl]

Are proxy voters limited to the number of proxies they can hold ?

Martin

Yes check your management plan and refer to condominium law.
No one owner is allowed to hold more than 3 votes in our site ,we got rid of our developer as soon as we could and virtually halved our site fees.

 

[janamacon]

I didn't have a chance to be physically present once either, but that wasn't a problem. In a pandemic, everyone has to understand, I think. I had it all remotely. I realize it's been a while since it was posted, almost a year since than, I just hope you somehow had that meeting. Also for all my condominium issues I prefer to trust Min styrelse går bakom min rygg! even just because I can't quite figure out some of the legal formalities on my own. I`ve been working with them for a long time and they always solve all cases for me. This`s convenient for me cause in addition to meetings, I have my main job that I can't always get away from.

 

[ernesthemingue]

Hi, sorry to bump, I was curious if there areany restrictions left in your home countries.