#20221
Lady Penelope
Flatchatter

    Your OC should be mindful of a conflict on interest with the Manager being a family member of a committee member.

    The former Chairperson, should they return to the committee, would definitely not be able to have anything to do with the appointment of the Manager if the Manager is a family member – that includes both proposing and voting for the Manager.

    Why is the OC contemplating changing the current Manager and reverting to the previous Manager? Is the OC happy with the current Manager, or is the OC unhappy with your current Manager? 

    Be pro-active rather than re-active.

    If your OC functions better without the former Chairperson and the former Manager who is a family member of the Chairperson then don’t propose them and don’t vote for them.

    You mentioned that your scheme is split into two camps. Some of the following suggested actions may work in your favour if the vote is close.

    1. Put a Motion on the Agenda that pre- meeting electronic voting be permitted for voting at an AGM. No proxies will then be required and vendettas will not be as great an issue. NB: Voting for the election of office bearers must not be by this method due to the fact that nominations may come from the floor of the meeting.

    2. Nominate other people to the Committee (other than the former Chairperson) and/or do not vote to support the former Chairperson if that person did become nominated.

    3. Seek out an independent Manager and obtaining a quote for their services. Then propose a Motion to be decided at the next General Meeting to appoint the new independent Manager. In your Explanatory Material accompanying the Motion you might need to draw people’s attention to the possible conflict of interest that may arise from having two family member’s so closely entwined in positions at your scheme.

    4. Ensure that everyone who votes is financial, including those who have given their proxy to the former Chairperson. You may request that the Chairperson announce the names of all those who are entitled to vote on the Motions. An owner is not permitted to vote if that owner was an unfinancial owner at the date notice of the meeting was given and did not pay the amounts owing before the meeting.

    5. If you believe that your side has the majority in a poll then ask for a poll vote. The motion will then be decided according to the value of the votes cast for and against the motion. The value of a vote cast by a person entitled to vote in respect of a lot is equal to the unit entitlement of that lot.