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Manging agent refusing to give documents to an owner
Hi there,
Our managing agent Compeg are refusing to give any documents or let me inspect documents I requested from them.
We had a specail general meeting where trustees were elected and this was done by writing your vote on a ballot paper, yes the managing agent who chaired the meeting decided this without the owners concent.Then during the meeting and after the meeting he stated in front of every owner there that the ballot papers would be open to inspection from any owner at any time.
Now they are refusing to allow me to inspect these.
Yes we also voted for trustees a month before in our AGM but because I came voted in as a trustee.The managing agent and trustees that were not voted in decided to have a specail general meeting to vote for trustees again and made sure I was not voted in.
I also requested from the mamaging agent to see the income and expenditure statements wich I put in writting to the managing agent and the trustees but they are also refusing to show me.
I know there is something they are hiding
What can I do?
thank you
Julian
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RE: Manging agent refusing to give documents to an owner
You have scrambled your enquiry a bit - I will try to clarify your rights as an owner to inspect BC records:
PMR 34. Minutes
...
(3) On the written application of any owner or registered mortgagee of a unit, the trustees shall make all minutes of their proceedings and the minutes of the body corporate available for inspection by such owner or mortgagee
PMR 35. Books of Account and Records
...
(2) On the application of any owner, registered mortgagee or of the managing agent the trustees shall make all or any of the books of account and records available for inspection by such owner, mortgagee or managing agent....Show More
Note that the best way to address this matter is to leave a paper trail, starting with yourself by requesting FROM THE TRUSTEES the records to be inspected IN WRITING. Copy the MA with this request by delivery to their offices. Your request may not be refused and you might have access to what you requested during reasonable office hours.
The MA can not act as a chairman of any meeting of the BC, not can the MA be nominated as a proxy holder for owners.
Regarding your election as a trustee:
A person can only be removed as a duly elected trustee by the procedure covered in PMR 13
...
(e) if by resolution of a general meeting of the body corporate, he is removed from his office,
provided that the intention to vote upon the removal from office has been specified in the
notice convening the meeting.
If you address al your complaints in an orderly manner and where primarily required present thenm in writing to the trustees (for which purposes you should regard yourself as an owner, even though you light have been elected as a trustee) you will have your MA stunned sooner or later. I would also suggest that you get hold of a copy of your BC Management Rules and Conduct Rules, which might differ a bit from the rules contained in the Library section of this forum.
Important that you gain a broad reading background regarding the material I referred to, rather than "attack" matters in isolation.
RE: Manging agent refusing to give documents to an owner
Following up on your statement that you requested in writing sight of certain records - were you flagrantly refused as in "NO, we will not open it up"? I am wondering how such refusal will "sound" in practice!
Some action to follow: with the support of owners holding 25% of the PQ you could call on the trustees to hold a SGM to discuss this problem, failing which within 14 days, the owners are entitled to proceed to cal the SGM: notice plus agenda, detailling the cause for concern, and even calling for the removal of the trustees and election of new trsustees (refer details given already).
RE: Manging agent refusing to give documents to an owner
Thank you for all the help,
I have put the request in writing and the 14
Days have lapsed.
They never followed the correct procedure to remove
Me as a trustee and are do what they please, that is the
Managing agent and the trustees.
It looks like I'm going to have to get 25 percent of the owners to call for a special general meeting, and I think we need to fire the managing agent and if need be remove the trustees we have now.
Kind regards
Julian...Show More
RE: RE: Manging agent refusing to give documents to an owner
Note it is not the support of 25% of the owners that you will have to obtain but owners who have 25% of the total participation quota of your Scheme.
RE: RE: RE: Manging agent refusing to give documents to an owner
Hi there,
yes I am aware it's 25% of the total participation quota.
So does this mean that in order to fire the managing agent or dismiss a trustee we need 25% of the total participation quota of the scheme or is this just to call the specail general meeting.
kind regards
Julian
RE: RE: RE: RE: Manging agent refusing to give documents to an owner
You need 25% of Total PQ owners. call the meeting. To revoke the MA's appointment you need a Special Resolution of the Body Corporate obtained in the prescribed manner. See the Library Section for the definition of Special Resolution. See PMR 46 and 47 for further details on revoking a MA's contract.
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