# How to propose a motion for a Man Co AGM?



## Dave Vanian (1 Feb 2010)

Having a dispute with a Management Company at present.  (No Managing Agent appointed - small development - Management Company deal directly.)

AGM is in a couple of weeks and I'm thinking I might bring up my issue at the AGM.  


Does anyone know the correct procedure for proposing a motion for the AGM?
Can the Management Company refuse to include my motion?  If so, have I any legal recourse?
Can anyone attend an AGM?  (Shareholder/resident is an elderly relative but I'm dealing with the dispute on her behalf.  Ideally would like to have myself, her and a couple of other family members at the AGM for support.)
Finally, are the Management Company obliged to issue the Agenda to shareholders in advance, on request?  On the one hand, Management Company are ignoring requests for the agenda at present.  On the other, there's no point in my proposing this motion if they've already put it on the agenda.
Thanks for all input.  

DV


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## ontour (1 Feb 2010)

Management Company are obliged to issues the invite and agenda in advance of the AGM.  They should also issue you with a copy of the proposed budget for the coming year.  Your elderly relative can appoint you as their proxy for the meeting and you can attend on their behalf.  The AGM is a meeting of the members of the management company and as such you can not bring a gang of people for 'support'.  As they are not members they would have no right to speak or vote at the meeting. I am not sure where the line is drawn with being entitled to bring a legal or financial advisor to an AGM.

Do you have another member to second your motion?  What would be most productive is to bring as many other members onside before the AGM and encourage them to attend if they also feel strongly about the issue that you are experiencing.  Most AGMs for management companies are extremely badly attended which usually means that those involved in the management company and any related committees can sway any votes.


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## Dave Vanian (1 Feb 2010)

Thanks very much for reply.  

Invite has been issued but agenda has not.  By any chance would you have a link that proves agenda must be issued prior to AGM?  

AGM has been arranged for the middle of a working day, which I believe to be a deliberate ploy to keep numbers down for the reasons you mention.  Would consider seeking proxies from other non-attending members but time is short and lack of co-operation of Management Company would make this a difficult one to achieve in the next couple of weeks.


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## mathepac (1 Feb 2010)

ontour said:


> ...   Your elderly relative can appoint you as their proxy for the meeting and you can attend on their behalf. ...


The company will have rules regarding who can be appointed as a proxy - some companies may state in their memorandum & articles that the proxy must be another company member or a director. The directors will usually need to be informed in advance and in writing of proxies in operation for the AGM.

As these are private, non-trading companies, attendance at the AGM is normally restricted to the auditor, the directors, other members and a representative of the managing agent, if there is one.


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## 10amwalker (1 Feb 2010)

Have a look at www.apartmentowners.ie 


Also look on www.odce.ie they have issued an excellent booklet on company law for management companies. Excellent reference.


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## Dave Vanian (1 Feb 2010)

Thanks for replies.  

mathepac - Have ordered a copy of memo and articles of association and will study rules of who can attend.  

10amwalker - Fantastic reference material, particularly the ODCE booklet.


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