Communal actions

[jacquijam]

Hi Nigel, as mentioned before we are having to take over our communal area by 31 Deecember, but this is proving difficult. despite several attempts this has not yet got off the ground.

A meeting was held on the complex last week, to which most were invited. but only 8 out of 19 owners actually attended. At this meeting they voted to re-engage the developer for 3 months, possibly a year, to do the maintenance.

Issues -
(i) this was an ad-hoc meeting of owners with no official status, we do not yet have a management committee or indeed any other 'officials'

(ii) at least 2 owners are completely against the developer continuing with the maintenance - most of us have spent the 6 years we have been here fighting him for basics such as decent and correct care of the complex (never achieved), a simple work schedule, accounts. information as to which exactly are the communal areas, detailed invoices, responses to letters.......all to no avail and all never received, even to a letter from our lawyer when he threatened to bankrupt us for non-payment of fees.(All outstanding fees have now been negotiated and settled)

(iii) 2 people at the meeting were 'given' the authority to act for 2 absent owners, one other owner at the meeting 'had authority to act for 4 other owners' - no proxy voting system is in place and no documents were produced to support these 'authorities'

(iv) the vote was carried by 13 votes from 14 (one owner abstained) and a letter has been sent to the developer asking him to continue with the maintenance.

(v) the remaining 5 absent owners had no chance/choice to vote at all.

My question is - is this legal and enforceable, given that there is no elected body at all, there was no perceived 'authority' at the meeting for the votes taken on behalf of others and 5 of the absent owners were denied a vote at all.

I have combed through the regulations - 2 issues there - firstly they only talk about 'jojntly-owned' properties, which seems to read as apartments in a block - does it actually include individually owned/separate homes (the complex is comprised of villas, 14 two and three bedroomed town houses and 5 apartments in a block with shops underneath), and secondly - it does mention that at general meetings a majority is deemed to be the majority of those present at the meeting (although it does say previously that votes are those of owners present or proxy voters)

We have spoken to a lawyer who simply tells us that at a general meeting the votes are simply those of the owners present at the meeting. I would surmise that that could possibly mean that if only 3 owners had been present at the meeting and 2 had voted for the developer to continue with the maintenance then the other 16 of us would be bound by that decision???? That has to be bonkers surely???? And in any case - this was an unelected body of people, there is no committee, no procedures or positions have yet even been discussed - how on earth can any of us be bound by this?

We had no confidence that the lawyer we consulted had any interest in our problem and simply wanted us out of the office as soon as possible, had no interest in the fact that the meeting was not an elected body or that the votes taken on behalf of others had no perceived authority. His answer was that the developer was the best person to do the maintenance and how could we get anyone else to do it now. Answer to the first is no way Jose and to the second - get the electricity & water in our name and engage someone to look after the pool pronto, the cleaning and gardens can wait without any material damage - points we have expressed to some of those at the meeting but on deaf ears.

Have you any possible solution to this dilemma - we seriously see re-engaging the developer as a continuing recipe for disaster. Incidentally, he had said previously that if we were to re-engage him he would want all monies to be paid up-front, by everyone. we have already said we would not pay, but again, deaf ears.

I have read the regulations thoroughly, but it does talk continually about a Management Committee - which we don't yet have. No-one at this meeting was elected, so are we bound by these regulations???? Or by the decision of this meeting???

regards
Jacs

[Nigel Howarth]

Dear Jacs

What a mess!

A Management Committee has to be properly set up according to the law and registered at the Land Registry.

From what you say this was informal ad-hoc meeting of some of the owners and I doubt that its decisions have any legal standing.

I suggest you get a different solicitor on the case.

Regards,