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Chiquita
07-10-2010, 06:07 PM
Our AGM took place in May 2010 the agenda was followed, accounts accepted. The next item was election of President. The previous President was proposed and the votes went in their favour. However, the builder of the complex, who still owns properties, (although he does not reside on the complex) and 1 resident refused to accept the decision. Their reason being that our Administrators had 8 proxy votes but did not have the relevant paperwork to hand. (we were told as long as we sent the proxy vote papers to the Administrators this fulfilled the legal requirement and this has been fine for the last 4 or 5 years).

After much chaos and confusion the President was advised by the Administrators to adjourn the meeting and it was seconded pending the proof of the proxy votes.

The builder and 3 residents decided after the meeting had been adjourned to continue with their own meeting and the outcome we have just learnt two months after this event is that a new president was elected and new Administrators appointed. This came about because the new Administrator approached the old administrator for community paperwork. To date no member of the Community has officially been notified and no minutes received from either administrator.

Previously legal action has been taken against the builder for continual refusal to carry out the necessary and costly repairs. Similarly with the resident who refused to accept the old president, the community voted that legal action should be taken for his continuing to build a permanent structure on the front of his property without permission and despite receiving several warnings to desist. It can only be assumed that the two people who have the most to lose want the elected President out and new Administrators instated supposedly in the belief that the new President will drop all court cases.

Where does the community stand if the new incumbent decides to drop all legal action (it has taken several years to get where we are now).

What action if any can we expect from our old administrator as they have failed to issue the minutes of the meeting which would clearly have shown how the AGM was adjourned.

When should we expect to receive notification from the new administrators as to what has happened i.e. receive minutes of the so called AGM of 2 months ago?

Sorry this is a bit long winded but I feel that you need all the information before advice can be given.

Thanks