The AGM 2017 Minutes

 

The AGM 2017 Minutes

It had taken 3 weeks to have the agm minutes prepared and published, overall they are not a true and accurate record of the meeting itself as the author of the minutes has been economical with the facts and selective as to which subjects had been recorded.  

As it is unknown if amendments can be made to the existing minutes and republished, this document will be included on the website as a counter balance  for clarification purposes to the omissions and inaccuracies contained in the existing minutes.

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1)    The Petition to bring down the website – Pages 5 & 6

A petition of this kind has no legal effect, and it’s status should have been minuted for the record. More than this, the question raised on the petition has never been made public - perhaps because the question may have been biased and prejudicial? Also, the petition was not even presented to all residents – only those chosen to sign the petition were allowed to see it, which again invalidates the whole concept. These facts only serve to illustrate how truly undemocratic, biased and pointless the idea of such a petition was – not least because the website remains independent of the SRA Ltd ie not within their power or jurisdiction to  control or change anything. There are very good reasons for this – as stated many times before – to provide information, be a platform for FREE speech etc...

Omitted from the minutes After lengthy discussion including advice from the company solicitor and vote taking, it was clearly stated by the owner of the website that it would not be taken downThe Company Solicitors stated that he would provide a full copy of the petition to the owner when the agm minutes were issued.   This should have been recorded in the minutes.

2)    Washing Lines – Pages 6 & 7

This item on the agenda was discussed at length by not only the residents, but by the managing agent and the committee members.

Incorrect statement by the managing agent:   partial quote – “explained that in the Lease it states that there should be no washing lines whatsoever, this had been overlooked in the past”

This is incorrect and misleading, what the Lease actually states under the Fourth Schedule in relation to hanging clothes is – quote:

“Not to hang or allow to be hung any clothes or other articles on the outside of the Dwelling

This clause is, and has been, open to abuse, misunderstanding and interpretation by the management and committee to suit a given situation, which in this case is washing lines.  Nowhere in the Lease does it state that washing lines can’t be hung as long as they are not attached to the dwelling. It says nothing about having washing lines on communal green spaces or washing being in view of other residents or visitors, nor does it say in this clause anything about having to gain permission to install either a washing post or washing line. 

This is another example of the director and committee either through ignorance or by design, attempting to control what is and what is not allowed on the estate. To state that the company solicitor would check the lease with a view to finding a legal way to force a resident to remove her washing pole/line is just a pure intimidation and bullying.  This issue has been ongoing for well over a year and the director and committee have previously threatened this particular resident by letter on a previous occasion.  

3)    The Accounts - Page 8 .

The question was asked as to why a breakdown of the Income and Expenses hadn’t been issued?

The minuted response was that the managing agent “referred me to the lease” in the first instance, and in the second instance “The managing agent and a committee member stated I had declined the invitation to view the records”. 

Omitted from the minutes: The original request for clarification that a breakdown of the Income and Expenses used to produce the Profit and Loss Account was made on 22/9/17. The response I received to ‘inspect’ the accounts came on 2/10/17 and this was declined on 2/10/17 as an ‘inspection’ was not needed or requested. This was the reason the invitation for a meeting had been declined on  2/10/17 2017, this should have been included and minuted.    

The devil is in the detail and it is crucial when making statements about a previous event that they are taken in context and not isolated as is the case of this item in the minutes. It is especially important when a document is supposed to be a true and accurate record.

Ommitted from the minutes:  Missing £600 from the 2012 Annual Account

The question of the discrepancy of £600 in the 2012 account, and the fact that the total of expenses had been re-calculated, was again asked and no adequate response, this too should have been included and minuted. 

When the accountant was asked about this he stated that it was a 'typo error' - how could it have been when it had been re-calculated to give the impression it had been account for?

Note:  to date there has been no reasonable explaination to account for this missing money!

4)    The Painting Contract – Page 9

A number of questions were sent previously to the managing agent and committee relating to the circumstances surrounding the original Painting Contract, and raised at the agm again.

The minuted response on 2 occasions were during the meeting were – quote:

The managing agent advised that the committee had told him not to give out this information as it was before her time.

And on a second occasion stated “the managing agent again advised that the committee had instructed him not to comment.”

Omitted from the minutes The reason given by the director and committee, was that I wasn’t a resident at the time.   I was in fact a resident during the last 6 months of the painting contract in 2016.  

The director and committee’s continued refusal to disclose the circumstances surrounding the painting contract, coupled with their instructions to the managing agent, (who had promised to compile a report and minuted at the 2016 agm), indicates that the director and committee may have something to hide after all, and that perhaps something untoward may have taken place that they don’t wish to be made public. The matter remains  outstanding and will not go away, it will continue to be raised until the director and committee disclose the circumstances surrounding event.

Once again the author of the minutes has been selective in what has been included and this reflects very badly on the SRA director and committee as a whole. 

5)    Page 9 – Item minuted: A resident “then commented on the fact that the gardener had been working on a Tuesday”

Minuted incorrectly and not a true record: This was not a comment but a question - quote:

“Is the gardener being paid extra for his additional Tuesday work, and if so how much, also what exactly do his duties cover?”

The response given to this question which again has not been minuted was “yes” which indicated that he was being paid extra, however there was no clarification as to what his duties covered, this should have been included and minuted.

6)    Regarding the minuted comments on page 10 – a resident quote “ asked why telephone calls etc .....”

Minuted incorrectly and not a true record once again this was not a comment but a question – quote –

“What was the committee’s role now that they no longer take queries and repairs from the residents.” This question was in relation to the notice (below) which had been delivered on 24/10/17: 

The committee have requested that in future, all enquiries or reports of faults should be made to the Managing Agent and NOT to individual committee members. 

On the same subject, the last statement on  page 12 of the minutes, “After a brief interlude ...

Omission from the minutes: Nowhere in the original notification was it ever stated that this was temporary and the director and committee should have given some kind of explanation to the residents with regard to the change, this should have been included and minuted. 

7)    Any other Business – Page 11

Parking – A resident - quote “said that £.............. was spent some time ago to get extra spaces”

Omission from the minutes:  What the resident failed to mention, and it should have been clarified by the managing agent and committee at the meeting, was that for the cost of  £.................only gained 2 additional parking spaces - in fact, 2 existing spaces were grassed over and replaced with 4 spaces,  this should have been included and minuted. 

Ommission from the minutes: A useful suggestion was made by another resident that it might be possible to create a pull in area near the garages behind Swalebrook Ave, if it was designed properly.  There are a number of health workers who visit the estate on a daily basis, sometimes 2 or 3 times a day, this would alleviate the parking problems for all concerned.  This should have been minuted.

A point was raised during the parking discussion about garage owners not using their own ‘allocated’ space in front of their garages, but instead choose to use one of the unallocated ones nearer their home.  To this one offending resident stated that his wife had problems walking and that this was the reason for them parking in an unallocated space. 

The Managing Agent stated and minuted – quote

“No one was allocated a car parking spot on the Sycamores”

This is a very interesting statement and someone should have informed one particular couple on the estate – who last year emailed a another resident to tell them that they had withdrawn their permission to allow them to park in front of their garage. 

Regarding dogs on the estate.

One resident stated that residents we are not allowed dogs on the estate.

Omission from the minutes: -  Some residents do own dogs on the estate, and in fact the director of the SRA looks after a dog on occasion.  This should have been noted in the minutes.

Accusation of a resident being aggressive to a committee member.

During the meeting a committee member – accused a resident  of being aggressive and abusive toward him.

Ommission from the minutes:  The resident stated when she had her leak on a Friday which had been caused by the committee member's cold water pipe, she had been polite during all of her conversations with him.  He was asked to turn his water off and to leave it off, but instead he turned it back on on the next day Saturday.  Unfortunately the resident had been out visiting family during the day, and when she got home and she found her wardrobe floor was flooded, and her clothes were damp.  Even then she was polite to him over this incident.  

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An email has been sent to the Managing Agent regarding the AGM Minutes 2017,  the company solicitor stated that he would supply a full copy of the petition taken from some of the residents for the purpose of taking down the website, this to include the question asked at the time and the signatures obtained,  can you please let me have a copy as promised. 

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February 17, 2020

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