Chair Person AGM

[bshatttock]

Hi Nigel Can a Person from a complex management ( non owner) company chair an AGM?? Best Barry

[Nigel Howarth]

Hi Barry

Yes they can, assuming the Management Committee consists of three or more people.

However, at the beginning of the general meeting the President (Chair) and the Secretary of the meeting must be elected.

(So owners attending the AGM may elect someone else as their Chair, including yourself. )

Regards,

[bshatttock]

Thanks Nigel

Our Management Committee consists of only one person (Who is resigning at the meeting). He has appointed the MD of the Management Company (who are a subsidiary of of the developer !) as Chair for the upcoming AGM. As far as I am aware no owners have come forward to form a new committee.Are you saying that this person is not an eligible candidate as chair person ? Best Barry

[Nigel Howarth]

Are you saying that this person is not an eligible candidate as chair person ?

Yes - he's not eligible unless he owns one of the properties. See Article 37 on page 19 of The Immovable Property (Tenure, Registration and Valuation) (Amendment) Law of 1993 Section 38 Buildings Under Joint Ownership.

Also Article 22 on page 18 that requires the President and the Secretary of the meeting to be elected at the start of the meeting.

Regards,

[bshatttock]

Hi Nigel

I think I have not clearly stated my point.To put it simply the current committee consists of one Person,and he is stepping down at the AGM. So at the AGM we will most likely have no Committee as no one has put themselves forward. The current chair has "appointed" the Managing Director of our Mamagent Company as chair for the AGM,my question is is that allowed as this person is not an owner ? or to put it another way can a non owner chair an AGM Best Barry

[Nigel Howarth]

The person who is stepping down cannot appoint anyone to chair the AGM.

As the law states (see above) - the President [chair] and the Secretary of the meeting must be elected at the start of the meeting.

Furthermore if that person is not an owner, he/she cannot be elected to serve on the Management Committee unless it consists of three or more people.

Regards,

[bshatttock]

The Person would only Chair the AGM not Chair the Committee, the question is can a non owner chair an AGM ?? Best Barry

[Nigel Howarth]

Hi Barry

The law doesn't specify whether the person elected to preside over the meeting has to be an owner or not.

However, as the meeting is a 'General Meeting of Owners', IMHO this person should not be admitted to the meeting as he is not an owner.

As the law is unclear, you'll need to take legal advice on the matter.

Regards,

[bshatttock]

Thankou.. Nigel !