List Of Mgt Company Current members

[insane]

Hi,

After years of chasing I have finally received a copy of Memorandum & Articles of Association. However the list of members seems to relate to those involved when the Mgt Company was founded. Should I not be furnished with the current members and contact details.

My neighbours for example are not listed, nor am I. This means I have no way of contacting members before AGM, and managing agent has no problem sending out form suggesting that we elect them by proxy for AGM if we do not attend. They also continually do not give required 21 days notice and often arrange AGM for lunchtime (such that people have difficulty making it). I feel I am in a stranglehold, each time I raise a concern I am treated like a bold child. I have many concerns e.g Administrative charges for last year was 14,000 for approx 10 apartments.

 

[10amwalker]

Insane,

I would suggest you obtain a copy of the ODCE handbook on Company Law for Owner Management Companies.

Page 43- Chapter 11- The Management Company's Register of Members states very clearly what you are entitled to receive in relation to details on the list of members, eg The names and addresses of each member.

The address does not mean the unit number that the member owns it means their residential address.

This handbook is invaluable as it covers all aspects of Company Law for management companies as Chair of a Board of Directors of an owners management I regularly refer to this handbook.

I would suggest that you quote the various sections in the handbook when writing to the Company Secretary requesting information.

You may also like to look on www.apartmentowners.ie

10amwalker

 

[T McGibney]

After years of chasing I have finally received a copy of Memorandum & Articles of Association.

There should be no need to chase. All such documents are easily downloadable on cro.ie/search at a cost of €2.50 per document. You can pay by credit card.

 

[lantus]

After years of chasing I have finally received a copy of Memorandum & Articles of Association. However the list of members seems to relate to those involved when the Mgt Company was founded. Should I not be furnished with the current members and contact details.

If you are an owner you can request the full list of all the other shareholders and their addresses (The members register) so you can contact them. You are legally entitled to this so dont get fobbed off by any privacy nonsense they might throw at you.

The list of 7 or so solicitors on the AoA doc is the requires people to set up the company and nothing to do with the members list which is kept and maintained seperatley.

They also continually do not give required 21 days notice and often arrange AGM for lunchtime (such that people have difficulty making it). I feel I am in a stranglehold, each time I raise a concern I am treated like a bold child. I have many concerns e.g Administrative charges for last year was 14,000 for approx 10 apartments.

It is a legal requirement that 21 days notice be given prior to the meeting be held. Failure to comply would mean that the AGM was not officially notified and as a such any decisions made at it are null and void. It is also a requirement that a full budget be provided for review including many nother docs. See MUD act sec 16.

Holding the AGM at an appropriate time and at a close venue is also a requirement. I doubt lunchtime could be considered viable given people being at work/busy during the day. It should be in the evening.

In terms of the budget you really need to push to see what the figures are. I love how things end up as a lovley round figure, and 14k for admin is just outragous if it is indeed across only 10 apartments. What is the total charge?

It is quite normal for agents to fob off residents because quite often they dont know their rights and approach in single numbers so are not unified and cannot oppose them in a structured manner.

You really need to read the ODCE handbook, your articles and the mud act. 1st and last are free on line.

Budgets must be approved and voted for at AGMS since the mud act so use the meeting to quiz them in detail on the costs, how they were arrived at and prior to that to ensure they bring evidence of tendered quotes from contractors so they can back up the figures.

Your annual accounts are also on CRO so you can get them as well to see what interesting figures they posted compared to the budgets you are paying.

 

[shesells]

Lantus has given good advice there. Just to give you a comparison on admin, we pay just over 10k per year for 81 units, your figure appears extortionate!

 

[capnhand]

Hi

It used to be common in some management companies that the memorandum and articles stated that no resident become a member of the management company until a particular event happened. This could be the date that the last house was sold by the developer etc. So you do need to get a copy of your memorandum and articles to see if there is any similar restrictions

Regards

capnhand

 

[lantus]

Hi

It used to be common in some management companies that the memorandum and articles stated that no resident become a member of the management company until a particular event happened. This could be the date that the last house was sold by the developer etc. So you do need to get a copy of your memorandum and articles to see if there is any similar restrictions

Regards

capnhand

MUD act trumps that. As soon as you purchase your house you become a member of the company. See section 8.

Sometimes there are clauses in realtion to the transference of common areas. IF it is stated that dont become a member until the common areas are transferred then question why you are paying a service charge to the company. IF your not a member then they have no legal right to ask you for money.....YET.

 

[insane]

Thank you all for such great advice. It can be quite confusing, it is all smoke and mirrors ! But some very interesting points raised which I will take on board

 

[mathepac]

For the purposes of the information you require, you need to contact CRO directly as stated and when requesting information subsequently also bypass (or just cc) the managing agent. I believe the Company Secretary of the Owner Management Company is the person you need.

 

[maybelline]

Are you looking for the names and addresses of the directors of the OMC or all the owners/shareholders? If the latter and there's only 10 apartments (approx??) can you not knock on the doors?