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Old 9th January 2012, 23:12   #1 (permalink)
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AGM/maintenance

We have an apartment on a complex near Altinkum. In the 6 years we have owned we have only been asked to attend an AGM twice, both times after we asked for one. The first was called 4 January a couple of years ago, of course no one could go so soon after xmas holidays and no direct flights. We have recently formed an owners committee to try and fight burgeoning maintenance costs 450- 1,050! We as a committee asked for an AGM at end of Nov and have now been informed by email that one will be held on 15 Feb. Of course with no direct flights most people cannot get there. We have asked if it can be changed but no response, there is no management company so we don't know who is calling the meeting but we suspect the owner who still owns 30 of the 48 properties. My questions are: Can a meeting be called in such a manner?
Can the people who are able to attend vote (with permission) for the other committee members?
Should we be asked it the date is suitable before the calling notice goes up?
Can a meeting be called without a chairman?
Thankyou
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Old 10th January 2012, 00:40   #2 (permalink)
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Re: AGM/maintenance

Hi there

There are many posts on this subject but if you are anything like me, you won't be able to find them

First of all you need to get hold of your management plan and see what it says about AGMs, I was recently told they can be held every other year if stated in the management plan (MP), though the A stands for Annual??? I was not told this by a solicitor but by the builder!! so I wouldn't pay too much attention to that!!.

It will also state in your MP who is responsible for the site (usually the builders for the first 5 years to give them time to sell the properties) even if the builders appoint a management company within this time, depending on your MP, the builders are usually still ultimately responsible for the site if the management company has been appointed by the builders rather than elected by the home owners. A recognised committee/Board of Directors must be elected by the home owners, you can't self appoint, of course to get organised an unofficial committee/group is necessary to start with.

Answer to question 1, NO, (every Tapu owner needs an official invite by registered post, stating 2 dates, venue, time and agenda)

Ques 2, YES (via proxy but a proxy holder can only hold a max of 5% of total complex votes, in your case 2 votes)

Ques 3, NO (who ever is legally in charge of the site can choose the date place and time) but it is usually voted on at an AGM/EGM or a pre AGM, if you had the proper set up.

Ques 4, It depends what you mean by chairperson. Yes the meeting can be called without a chairperson nominated before the meeting but at the meeting a chairperson must be elected at the start to chair the meeting, along with preferably 2 secretary's to take the minutes of the meeting, so all decisions can be later be entered into the decision book These people can be anyone and is elected on the day by majority vote. It does not have to be the site manager, the committee or the Board of Directors, (we had our last AGM recorded because of illegal procedures at our AGM the year before, I would advise this)

If a person owns 30 properties out of 48, the max vote that person can have is 1/3, so 16 votes in your case, so to win majority vote, you will need 17 owners on your side. Remember only owners with Tapus can vote.

If you go to search and enter "apartment committee just formed", you will see my post on my knowledge through experience of the procedures for AGM's/EGM's. It's post 20 (20 will show on right hand corner). Or even if you just search management all related threads will show up.

Good luck reading through them, there are loads with some really good advice from owners experiences.

If you need any more info, pm me and I'll try to help if I can. I'm not an expert, I can only go by our experiences and what our solicitor has said and that can vary sometimes from solicitor to solicitor.

Good luck

Last edited by Donna M; 10th January 2012 at 00:51..
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Old 10th January 2012, 05:29   #3 (permalink)
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Re: AGM/maintenance

Minniemix
Donna has given you very good advice.

One thing TAPU owners can give their vote via proxy to anyone who can vote on their behalf and do not need to be an owner. You can give your proxy vote to anyone you want, a neighbour, friend or family member. Or an owner can give anyone the right to vote via a power of attorney.

The A in AGM does mean Annual. The Management plan is available for the TAPU office and you will need to take your TAPU with you or someone can go for you if you give them a letter stating that you are happy for them to collect the Management Plan on your behalf and that person must take your TAPU with them.

Do you have the Condominium law?

Any site with over 8 properties (e.g. over 8 apartments) must have a management committee (board) elected by owners at the AGM.

I am just passing on what others have helped me with, hope it helps you.

Good luck
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Old 10th January 2012, 16:30   #4 (permalink)
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Re: AGM/maintenance

Thanks very much Tosmur a huge help.
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Old 10th January 2012, 16:32   #5 (permalink)
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Re: AGM/maintenance

Thanks very much for taking time to answer my huge thread. It is a huge help and I will be informing our committee.
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Old 16th January 2012, 00:03   #6 (permalink)
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Re: AGM/maintenance

Does any one know how to register a proxy vote someone said you have to get a form from the on site management. Thanks
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Old 16th January 2012, 00:29   #7 (permalink)
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Re: AGM/maintenance

You have to get a form we got a from from the site property management company, the chairperson should send you one with the invitation to the meeting.
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Old 16th January 2012, 01:27   #8 (permalink)
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Re: AGM/maintenance

Minneminx, did you know the AGM does not have to be held in Turkey and that an Extra Ordinary meeting can be called providing you follow the correct procedure?
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Old 16th January 2012, 01:33   #9 (permalink)
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Re: AGM/maintenance

Quote:
Originally Posted by minnieminx View Post
Does any one know how to register a proxy vote someone said you have to get a form from the on site management. Thanks
I have sent you a message with my phone number, the proxy form should ideally be sent by whoever is the legal person/company of the site with the invite but our ex company sent this as late as possible so we couldn't gather proxies from all over the UK and Eurpoe, so we had one drawn up by a Turkish solicitor in advance, there are no set laws of the format of a proxy except, the date, place, time, name of the site and certain signatures.

When our ex Managment company realised we had majority vote, after our luch break they then decided not to recognise some of our proxies that were not in their format. God you've no idea the lenghts these people went to, to stop us from having our say.

I would strongly strongly advise you take a solicitor along with you on the day, it will be well worth the money. Your site has over 8 properties, therefore you should have a site solicitor, we did have a site solicitor but she worked for the managment company and was appointed by the managment company but paid for by us!!! crazy!!! so we brought our own and it made such a huge difference. She kept it right all along the way, our MC ended up walking out of the AGM 'cos they didn't get their chosen auditor elected and they were really really against me being the auditor (I wonder why!!) without the solicitor we wouldn't have know what to do next as they stated the meeting was now cancelled as they walked out and she advised us they couldn't do that and we should carry on with or without them, we took a vote and carried on even though they threatened to take us all to court if we did carry on, of course they never did take us to court, we took them!!!
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Old 16th January 2012, 09:39   #10 (permalink)
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Re: AGM/maintenance

when they know you are taking your own solicitor with you to the AGM it strikes fear into any dodgy maintenance co .
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