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Has anyone experienced a hostile takeover of an OC manager? If so, please advise on the following;
An ordinary resolution was used recently to remove an owners corporation manager in Victoria. Is an ordinary resolution sufficient as opposed to unanimous or special resolution to do this?
If so, can this be done without consultation with the full committee and without due process i.e. a special general meeting so all owners can vote and ask questions about fees and service?
The hostile takeover has been enacted by predominately one owner with 44% unit holding. They have persuaded another owner to give them their proxy (now they have 56% OF VOTE)
Action so far has comprised of a complaint filed to the new owners corporation manager by a committee member, seeking formal removal of the former manager and requesting due process to be followed. So far no response and the AGM is in two weeks from today.
Can an owners corporation use an AGM to legitimise their takeover in the absence of formal paperwork? What forms do we, as owners, need to see for an owners corporation takeover to be considered legitimate?
If no formal paperwork is needed apart from a petition, it seems an unethical way to take over an owners corporation. Any advice/suggestions are appreciated as I am, like the remaining owners, confused and concerned. Further, we have not been given any reason why the former manager was removed and the committee were not advised of any formal complaints with the old manager.