A big one hear. Any advice welcome....if you dare!!!
OMC was developer run by directors not interested in estate of over 200 all sold dwellings. An agent was appointed that fleeced the estate for many years and did a really poor service until they left without notice over 2years ago. Since that time there has been no AGM and no involvement by the directors or anyone else even with attempts by residents to do so. Agent refuses to hand over any accounts.
Developer entered receivership about a year ago and more recently liqidation. At this point just recently we have had 2 new directors appointed under their orders/control and their is talk of a new agent coming in. Their interest is the unsold commerical units (less than 20) and not the residents. We dont want an agent as most properties are houses and have no need of an agent.
No share certs have been issued and we have no idea if the common areas have been transferred yet to the OMC.
As I understand it.....
a) They cannot just appoint a new MA without our consent?
b) We can use any AGM they (may) hold to vote in new directors?
Is there an easy way to validate our membership status and transferrence of the common areas?
If the articles state you have to be paid up to vote and there is 95%+ non payment for at least a year or two are we all stuffed ? Could the liqidator use the commercial units to outvote us (assuming he's paid all the outstanding fee's of course.)
could we propose a motion at an AGM to allow all members to vote irrespective of outstanding debt (would all member get to vote or just paid up members?)
All we want is to have control over our OMC.
OMC was developer run by directors not interested in estate of over 200 all sold dwellings. An agent was appointed that fleeced the estate for many years and did a really poor service until they left without notice over 2years ago. Since that time there has been no AGM and no involvement by the directors or anyone else even with attempts by residents to do so. Agent refuses to hand over any accounts.
Developer entered receivership about a year ago and more recently liqidation. At this point just recently we have had 2 new directors appointed under their orders/control and their is talk of a new agent coming in. Their interest is the unsold commerical units (less than 20) and not the residents. We dont want an agent as most properties are houses and have no need of an agent.
No share certs have been issued and we have no idea if the common areas have been transferred yet to the OMC.
As I understand it.....
a) They cannot just appoint a new MA without our consent?
b) We can use any AGM they (may) hold to vote in new directors?
Is there an easy way to validate our membership status and transferrence of the common areas?
If the articles state you have to be paid up to vote and there is 95%+ non payment for at least a year or two are we all stuffed ? Could the liqidator use the commercial units to outvote us (assuming he's paid all the outstanding fee's of course.)
could we propose a motion at an AGM to allow all members to vote irrespective of outstanding debt (would all member get to vote or just paid up members?)
All we want is to have control over our OMC.