As Secretary of our Resident’s Association I have been asked to request your advice on the following question:
Can a “non-entitled” (not a lease/shareholder) speak at AGMs/EGMs and/or change passed actions if they have been nominated to speak/act on behalf of an “entitled” lease/shareholder with just a letter from that leaseholder or does he/she need a full “Power of Attorney” ?
Would be grateful for any advice.
The FPRA replies:
The position regarding voting and attendance at AGM/EGM’s is usually set out in the Memorandum and Articles of the Association.
The ruling would usually be that ONLY members of the Company can attend and vote and would receive the formal notice of the meeting giving the required 21 days notice to attend.
In my own block we include with the notice our own form that is required to be completed and retuned to the Registered Office in advance giving details of any proxy votes which MUST be signed by the Leaseholder themselves. This would not require a ‘power of attorney’.
We do have some leaseholders who have appointed a power of attorney who would legally take on the responsibilities of the leaseholder.
As far as any one else attending this would be a matter for the Company Directors and they would not need to receive the formal notice in the same way as Leaseholders.
We personally invite tenants and friends and our Chairman uses discretion as to letting them participate in debates but ONLY those Leaseholders and Proxy that have completed the required forms can vote.
I would urge you to seek legal advice if you are in any doubt when you interpret your own ‘Mem & Arts’