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Old 25th April 2012, 01:01   #1 (permalink)
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Agm egm

Can anyone help me please.

At our complex we there was an AGM in September 2010 (the Management Plan states that the AGM is to be held annually in September/October). Some things were not done legally at the AGM and there was another meeting in May 2011 and some things were voted on to put the wrongs right. According to our MP we are supposed to have another meeting annually in May every year for a budget and maintenance update.

There was no meeting in September or October 2011, they are no claiming that the AGM is now in May every year and that the AGM will be the only annual meeting. There was no vote at the May 2011 meeting to change the MP and if there had been a vote there was not enough people at the meeting to vote as I believe to change the MP four fifths have to sign agreement to the proposed changes.

I am now confused as to how the AGM is being held in May 2012 and the board of managers have now been in their positions for 18 months when the law states the board of managers are to be elected annually.

Can anyone advise me of what is the correct legal procedure?

Also some people claim that the board of managers choose the property management company, if this is true then this takes away every owners legal right to say no. It is supposed to be that if an owner says no, that no work can be done until the owner's issues are resolved and if they are not resolved the owner can go to court, court action can take years and no work can be done until the court has reached a decision. This is not the best situation for anyone but you would think the property management company would stand down and state that as this was not beneficial they don't want to put the other owners in this predicament but this seems to not always be what happens.

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Old 25th April 2012, 06:36   #2 (permalink)
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Re: Agm egm

Where I live Jan, the Baskan makes all the decisions about site maintenance and appoints the contractors who do work to the site. I think this is generally the way it is done. Even if you personally don't agree with the decision he makes, because he is the elected Baskan, he makes the decisions on behalf of the site. I don't know if our Management Plan is different to yours, but this seems to be the way things are done here. If you are the only people on your site against the committee I do feel that it will be a thankless task trying to change anything. Good luck!

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Old 25th April 2012, 08:28   #3 (permalink)
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Re: Agm egm

Quote:
Originally Posted by tosmur View Post
Can anyone help me please.

At our complex we there was an AGM in September 2010 (the Management Plan states that the AGM is to be held annually in September/October). Some things were not done legally at the AGM and there was another meeting in May 2011 and some things were voted on to put the wrongs right. According to our MP we are supposed to have another meeting annually in May every year for a budget and maintenance update.

There was no meeting in September or October 2011, they are no claiming that the AGM is now in May every year and that the AGM will be the only annual meeting. There was no vote at the May 2011 meeting to change the MP and if there had been a vote there was not enough people at the meeting to vote as I believe to change the MP four fifths have to sign agreement to the proposed changes.

I am now confused as to how the AGM is being held in May 2012 and the board of managers have now been in their positions for 18 months when the law states the board of managers are to be elected annually.

Can anyone advise me of what is the correct legal procedure?

Also some people claim that the board of managers choose the property management company, if this is true then this takes away every owners legal right to say no. It is supposed to be that if an owner says no, that no work can be done until the owner's issues are resolved and if they are not resolved the owner can go to court, court action can take years and no work can be done until the court has reached a decision. This is not the best situation for anyone but you would think the property management company would stand down and state that as this was not beneficial they don't want to put the other owners in this predicament but this seems to not always be what happens.

Good morning Tosamur

Your management plan cannot be changed outside an AGM or EGM without 80% of the owners being present at the meeting and agreeing to change it- as you correctly stated.
If the "meeting" agreed to re-appoint the existing board, then that might be why they are still there.
You should have ahd a copy of the meeting minutes (notarised) and should also be able to get one from your decisions book.

regards
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Old 25th April 2012, 12:06   #4 (permalink)
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Re: Agm egm

Steve
The minutes for the May meeting which was not arranged as an EGM and could not be the AGM because the AGM according to the MP must be in September or October and no vote has ever been cast to change the MP so the AGM date as far as I understand cannot be changed.

As far as I am aware the meeting in May 2011 was the meeting to provide people with an updated budget and to inform them of how the maintenance programme was going. To this meeting they added to re-elect the board and the minutes state the board were re-elected for the period which I took to mean the remaining 6 months.

There was no AGM in September or October 2011 how can the AGM be ignored we wrote to owners about the AGM but nothing happened.

If more than one person is nominated for the chair/manager and some people have given proxy votes but not stated who they want as manager who do their votes count and if so who for?
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Old 25th April 2012, 12:08   #5 (permalink)
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Re: Agm egm

Steve

Apologise for back to back messages

Do owners have to be physically present to change the MP or do proxy votes count?
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Old 25th April 2012, 12:26   #6 (permalink)
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Re: Agm egm

Quote:
Originally Posted by val2661 View Post
Where I live Jan, the Baskan makes all the decisions about site maintenance and appoints the contractors who do work to the site. I think this is generally the way it is done. Even if you personally don't agree with the decision he makes, because he is the elected Baskan, he makes the decisions on behalf of the site. I don't know if our Management Plan is different to yours, but this seems to be the way things are done here. If you are the only people on your site against the committee I do feel that it will be a thankless task trying to change anything. Good luck!

Val
Our MP states that we are to write a maintenance plan and choose how much the annual fees will be together, but this is not what has actually happened. The site did not have a manager (baskan) from 2006 - September 2010, the first ever AGM at the complex was held in September 2010. Maybe this is different to your MP, I have only ever seen one MP and that is the one for our complex I have not seen anyone else's.

Thank you for your help.
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Old 25th April 2012, 12:28   #7 (permalink)
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Re: Agm egm

the owners have to be physically present - no proxies- to change the management plan.

I allways advise people giving proxies to be specific as to how they want them used - otherwise they are simply handing the power to another individual to use as they wish.

When you say "they added" - do you mean that this was not part of the notification of the meeting when it was issued?
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Old 25th April 2012, 13:14   #8 (permalink)
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Re: Agm egm

The agenda stated that they would check the legality and if necessary re-elect the board. The day before the meeting the chair's friend told me they had all made the decisions so the meeting was just a formality really. The meeting was a bit messy and things were not always clear; one owner asked the chair whose proxy vote he had as he could not remember, another owner signed stating they had the proxy vote for number 1 but the owner of number 1 was present at the meeting, I felt it was all dodgy.

The May meeting was opened by the property management company and then the chair spoke we have never had any legally audited notorised accounts.

The MP states that if the chair does not do his job then any one owner can tell the chair they do not accept them as the chair, we used this right as no legal accounts were provided and the chair told the property management company that they did not need to provide any accounts from 2006 to Jan 2011 thus taking away our legal right to have these accounts.

The minutes of the May meeting state it was a meeting and do not refer to the meeting as an AGM or an EGM.

Last edited by tosmur; 25th April 2012 at 13:15.. Reason: typo
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Old 26th April 2012, 07:53   #9 (permalink)
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Re: Agm egm

Hi Jan

What a mess. Have you considered calling an EGM? If you have sufficient support from other owners it could be done.
If the overall majority of owners are british then you could even call it in the UK providing of course that Turkish law is followed to the letter.
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Old 26th April 2012, 22:33   #10 (permalink)
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Re: Agm egm

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Hi Jan

What a mess. Have you considered calling an EGM? If you have sufficient support from other owners it could be done.
If the overall majority of owners are british then you could even call it in the UK providing of course that Turkish law is followed to the letter.
Hi Steve

Thanks it is a mess, most of the owners are Scandinavian a few Turkish who are live on site all year round and one apartment is owned by a German couple and 2 another owned by a Belgian couple. The Belgian is not happy about the situation and the Turkish are very angry and have told us they will sort it out one way or another, exactly what they mean by that I don't know.

Many owners rent their apartment out and never visit or get involved in anything in the complex.

As the meeting is in a few weeks time it is not worth trying to call an EGM at the moment.

What we have been told about the apparent new property management company Skandinavien Home Services (SHS) is that they rented a shop from someone who works at the local Belediye and they had problems together and the man had terrible problems getting them out of their shop. Also another complex has stated that they hired SHS and SHS cheated them and lied about the cost of some work SHS by all accounts charged 3 times the actual cost of the work to the owners.

The fees they are proposing to charge at our complex will increase the fees by double, the some owners state they cannot afford this. The main problem is the fees are mostly for admin, the rest is for the caretaker none of it will benefit the complex itself.

Another thing is that the chair and this new company are going to use fees to make a sort of sinking fund this would be against out MP as the MP states fees can only be taken to cover costs of the management and repairs of the complex. A sinking fund in a complex does not really make sense as how would owners get their money out of the sinking fund with interest when they sell.

Thank you for your help
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