Q: We are holding a General Meeting to decide on a number of motions, which our treasurer has been working on for over two years. As a proportion of our members are frail and elderly, I guess that many will not fully understand the issues and what we are voting for. As Secretary, I have suggested that proxies are appointed and they may be relatives, friends, neighbours or Committee members to vote on their behalf, in their interests. I believe that this is ‘in order’ or will our landlord have grounds to invalidate the meetings decisions if Committee members are appointed proxies?
We have given the requisite 14-day notice of a meeting with an agenda and full details of the background and motions are planned to be hand delivered to every apartment (even those unoccupied).
A: FPRA Director Shula Rich replies:
Unless they have a medical condition which prevents them understanding the written word, I think if they are required to make a decision then the decision should be explained clearly in a large print version if needed. (I hope you will excuse my saying so and do not take it as a criticism – but it would be great if you can be as inclusive as possible ). Lessees can appoint a proxy who will vote on the lessees’ instructions. It is usual to include a form when sending out an invitation to an AGM. The land lord will not have grounds to invalidate the meeting’s decisions if you have proxy forms signed by the leaseholders themselves.
You need to give 14 days’ notice with all information and motions either three or two weeks in advance depending on the nature of the motion. However, if you are an RA and not a company then you will not be governed by company law so should be OK.
Question submitted February 2018