Location and time of an EGM for Household Management Committee

RosslareChap

Could anyone here please help me with the following.

I am house owner in private estate located in Rosslare Harbour. The directors of our estate management committee have called an EGM and will hold it in a hotel in Dublin at 7pm on a Tuesday 10th December. Written notice was only received in post yesterday.

Needless to say its very short notice and nearly 100 miles away from the housing estate itself, and held at 7pm on a weekday, so any members wanting to attend would need to take Tuesday off work and likely Wednesday also, or face a long 3 hour drive up and then EGM and a 3 hour drive home late at night.

Any legal conditions on where an EGM can be held and how much notice should be given?

Thank you

Bepolite

Yes there are, offering an opinion on them though would be legal advice.

FLAC or solicitor I'm afraid.

Valentine1

RosslareChap wrote: »

Could anyone here please help me with the following.

I am house owner in private estate located in Rosslare Harbour. The directors of our estate management committee have called an EGM and will hold it in a hotel in Dublin at 7pm on a Tuesday 10th December. Written notice was only received in post yesterday.

Needless to say its very short notice and nearly 100 miles away from the housing estate itself, and held at 7pm on a weekday, so any members wanting to attend would need to take Tuesday off work and likely Wednesday also, or face a long 3 hour drive up and then EGM and a 3 hour drive home late at night.

Any legal conditions on where an EGM can be held and how much notice should be given?

Thank you

If this is the Committee of a Management Company the conditions and notice requirements for EGMs will be contained in the Articles of Association of the Management Company which should be available for a small fee from the Companies Office Website, cro.ie

If in doubt, FLAC or a Solicitor are the only genuine options for advice.

RosslareChap

Thanks. I not trying to sue them or anything, I was just wondering if there are general requirements like it must be held near residential complex, appropriate notice must be given etc... Anything in the MUD act cover it etc... as I have looked at that and not seen any requirements on EGM's.

Seems crazy they can hold it 100 miles from estate and at 7pm on a weekday evening. Makes it near impossible for any working resident to attend.

Valentine1

RosslareChap wrote: »

Thanks. I not trying to sue them or anything, I was just wondering if there are general requirements like it must be held near residential complex, appropriate notice must be given etc... Anything in the MUD act cover it etc... as I have looked at that and not seen any requirements on EGM's.

Seems crazy they can hold it 100 miles from estate and at 7pm on a weekday evening. Makes it near impossible for any working resident to attend.

Its company law you're looking at here, the Articles of Association usually contain all the requirements and usually they are fairly minimal and quite broad.

RosslareChap

Valentine1 wrote: »

Its company law you're looking at here, the Articles of Association usually contain all the requirements and usually they are fairly minimal and quite broad.

Thank you. I'll check those.

Bepolite

A bit of a digression but does the postal rule apply to notice periods?

Valentine1

Bepolite wrote: »

A bit of a digression but does the postal rule apply to notice periods?

As in if you've sent it can you rely on them having received it?

Not sure to be honest, I wouldn't think it would operate as a rule as such but if sent to the correct registered address and not returned then I would think that without evidence to suggest otherwise I imagine a court would be satisfied that notice was properly given.

Marcusm

Valentine1 wrote: »

As in if you've sent it can you rely on them having received it?

Not sure to be honest, I wouldn't think it would operate as a rule as such but if sent to the correct registered address and not returned then I would think that without evidence to suggest otherwise I imagine a court would be satisfied that notice was properly given.

There's a positive obligation to provide a specified amount of notice and the date of posting should be apparent from the post mark on the envelope. If the notice given is insufficient, the meeting is invalidly called and cannot pass any binding resolutions and/or undertake any statutorily required business.

Five Lamps

Are there problems with the management company?

The only conclusion that I can come to is that they don't want people to attend.

Disgraceful behaviour.

RosslareChap

Five Lamps wrote: »

Are there problems with the management company?

The only conclusion that I can come to is that they don't want people to attend.

Disgraceful behaviour.

Yeah, the problem is that it appears a large sum ( circa €130k ) is missing and unaccountable for from the sinking fund. The Directors are Dublin based, and their houses are holiday homes, and it would appear they only want the few other Dublin based holiday home owners present at the EGM and not any actual full time resident owners present.

Five Lamps

RosslareChap wrote: »

Yeah, the problem is that it appears a large sum ( circa €130k ) is missing and unaccountable for from the sinking fund. The Directors are Dublin based, and their houses are holiday homes, and it would appear they only want the few other Dublin based holiday home owners present at the EGM and not any actual full time resident owners present.

Make it known that there's a bus on the way up with the members!

Tough as it is I'd make it my business to be there.

Bepolite

Five Lamps wrote: »

Make it known that there's a bus on the way up with the members!

Tough as it is I'd make it my business to be there.

Collectively get legal advice, fire the current directors and appoint new ones. Best of luck.

Paulw

Sign a proxy form and have someone stand in for you at the EGM. That way you will have a vote. You can advise all others who can't make the meeting to do the same. You could have one person with a proxy vote for many.

Also, make sure that they actually get a quorum at the EGM. If a meeting is held to discourage people from attending, they may not get enough people to attend to make the meeting valid.

Definitely a good idea to remove the sitting directors and elect your own, and then probably replace the management agent.

RosslareChap

Thank you all for your advice. They have stated that Proxy votes need to be registered at an office at least 3 weeks in advance, even thought the EGM was called at a shorter notice than that. I know, its totally mad how they are carrying on.

hullaballoo

RosslareChap wrote: »

Thank you all for your advice. They have stated that Proxy votes need to be registered at an office at least 3 weeks in advance, even thought the EGM was called at a shorter notice than that. I know, its totally mad how they are carrying on.

Go and speak to a competent solicitor who deals with company matters right away.

This looks to me to now be a matter that you need to address urgently and with the legal expertise backing you up.

Santa Cruz

NOTE.

See Section 17 (3) (4) and (5) Multi Unit Developments Act 2011.

A.G.M.s require 21 days notice as per 17(3)
Venue and time of meeting "within reasonable proximity and reasonable time as per 17(5)

There is no reason why rules for an EGM would be different. Also check Articles of Association.