Eversley Park Management update: Dec 15

Eversley Park Management update: Dec 15

Below are the minutes of the Eversley Park Management meeting held on the 2nd December 2015.
A copy of these minutes has been posted to all leaseholders. If you have not received a mailed copy, please confirm your postal address to info@rebloom.co.uk.

Please note that the date of the AGM has been moved to the 8th February 2016. The location and agenda remain unchanged. Details of proposed directors and voting details will be issued shortly.

 

Meeting to review the points raised by M. Purdie and G. Housey.

Date: 2nd December
Time: 7pm

Location: Saddle Club, Prenton

 

Attendees:
Gwyn Owen
Gary Jones – Weightmans LLP (Eversley Park company solicitor)

  1. Carey – Rebloom Ltd

Bill & Joan McLelland

  1. Lyons
  2. Roberts
  3. Walberg

 

Agenda & items covered.

 

Introduction: Gwyn Owen

In opening the meeting Gwyn stated that it was no longer an EGM following the the withdrawl of the EGM request by G. Housey and 3 other leaseholders. Bill challenged this asking why the meeting could still not be held as an EGM. Gary Jones responded stating ‘the decision to cancel lys with the director (Gwyn) and the informality of the meeting was to focus upon the points initially raised without a vote on the directorship, which could be done in the AGM.

 

Gwyn in his introduction explained the issues that had been in place within the developmemt over a nuber of years that had escalated in the current year leading to the involvement of the Police and resignation of 3 directors.

 

Item 1: Failure to provide annual accounts on time

3 reasons were cited;

  1. termination of the services of the previous accountant at a time when the books were to be handed over to them
  2. Termination/ transfer of the bank accounts in the name of honneybourne kenny
  3. Reference to trustees & the production of compny accounts as opposed to service charge accounts as previous years.

Item resolved.
2 comments:

  1. No gap in the production of service charge accounts in previous years
  2. 14-15 accounts to be completed in December

 

Item 2: Failure to carry out AGMs

Gwyn explained that the AGM did not go ahead as Bill McLelland was diagnosed with cancer.

Gary Jones confirmed that an AGM was not a legal requirement, but highlighted that a third of directors should step back on a 3 year cycle. ie: retirememt by rotation. Therefore an AGM would be a useful vehicle to achieve this.
Item resolved.

 

Item 2: Failure to provide current financial information at the request of shareholders
Gary stated that shareholders to not have a legal right to such information, only directors.

 

Item 3: No minutes produced of last meeting.
Gwyn confirmed that minutes are only required at formal meetings or where agreed by request. The understanding was that the item refered to an ‘introduction to Rebloom’ meeting, which was informal and therefore did not need to be minuted.

 

Item 4: Refusal of requests to provide a breakdown of accounts

For current year information see item 2. For 2014-15 the accounts will be supplemented with a breakdown of the spend.

 

Item 5: Major Works
No section 20 work has been identified or initiated, therefore the request does not apply.

Vicki requested more frequent communication and comprehensive content about work and plans on the estate.

Mike Carey agreed but highlighted that information provided to date and lack of trust had just resulted in an increased negative response from Mark Purdie, which if responded to would just lead to further cost to the development.

 

Item 6: Failure to provide shareholder approval on major issues

The regulations are clear on the definition of major works and the engagement of leaseholders via a section 20 notice.

No section 20 work has been identified or initiated, therefore the request does not apply.

Item resolved
Vicki requested more frequent communication and comprehensive content about work and plans on the estate.

Mike Carey agreed but highlighted that information provided to date and lack of trust had just resulted in an increased negative response from Mark Purdie, which if responded to would just lead to further cost to the development.

 

 

Item 7: Inadequate management by the directors

Deemed vexatious as not specific.

item resolved.

 

Item 8: Poorly managed on-going maintenance works

As per item 7 as no specific examples provided.

 

Mark Purdie to be requested to raise each instance as a formal complaint via the Rebloom website.

 

Item 9: Excessive costs for managed works

Again the acquisition was considered vexatious as no examples or benchmark for reasonableness was provided.

item closed.

 

 

 

Item 10: Resignation of directors without notice to shareholders
Bill stated his reasons which were down to the harassment received from Mark Purdie.

Bill’s statement is attached.

Gwyn then updated the meeting on the engagement of the Police and their recommendations in respect to Mark Purdie.

Gwyn also read a statement from Mike Carey made in August citing the reasons for Reblooms notice to resign. Reasons again down to the approach of Mark Purdie.

 

Item 11: Refusal to provide details of directors resignations

Initially to protect the individuals concerned from further harassment

Item closed

 

Item 12.

Appointing managing agents without consultation with shareholders (two counts)

Legally a decision for the directors.

Gwyn outlined that a resolution will be put forward to the AGM to tender for the next managing agent and shareholders acceptance criteria to for part of the scoring and approval process

 

Item 13.

Changing of bank accounts without consultation of shareholders

Not a legal requirement. Item closed

 

Mike Carey and Bill summarised the issues resulting from retaining a honneyborne kenny account after Mike Honeyborne had departed and the reluctance of the bank to set-up a separate account which lead to the delays.

 

 

Item 14. Failure for providing reasons for the resignation of McLintocks accountants.

Gwyn read out a statement from McLintocks which stated it was for ‘commercial reasons’

Item closed

 

Item 15. Rebloom have:

None receipt of electrical reports to substantiate the work requested
Incorrect, certificates are available via the web page.
Item closed

No estimates have been provided for acceptance (3 no) from local contractors

Failed to comply with reasonable requests from the shareholders to provide information

Mike Casrey stated that all requests from shareholders are referred to the director(s) as is any response. This process ensures that the estate incurs only pre-approved additional costs

Gwyn updated the meeting on his support for Mike Carey not to respond to Mark Purdie both as a result of earlier harassment and to minimise costs.

 

We already have adequate fire doors in place which do NOT require replacing

The recommendation to replace the fire doors to the communal meter cupboards was not made by Rebloom, but by a qualified fire safety officer.

Item closed.

 

Contractors failed to complete designated works at last visit.
See point above.

Item closed.
Fraud claim: Contractors were undertaking works for private residents at the Estates expense.
Gary Jones had asked Mark Purdie and George Housey to substantiate or withdraw the statement. Gary referenced a lengthy reply from Mark Purdie as both an example of the type of response he provides but also that the response was inconclusive. The response was interpreted as work being done by a contractor to clean external brickwork that had water damage. Mike Carey highlighted that the responsibility of Eversley Park Management (Birkenhead) Ltd is to maintain the communal areas including the exterior of the property irrespective of the cause of degradation/ damage.

The claim is deemed vexatious.

 

 

 

Summary

Gary Jones stated that the position in law is that the board is to serve with authority. The AGM should look to appoint and remove directors as they see fit.

Gary asked everyone how they would like to run the company, who they would want as directors and the number of directors, ideally 3 should be appointed.
Gary suggested that further clarity should be given to leaseholders that they can vote for more than one director (existing or new) and proposed directors and existing leaseholders do not need to attend the meeting.

 

Vicki asked if potential directors could put their cv and plans forward for review before a vote is made. The meeting agreed this proposal.
Vicki also stated that she would consider standing as a director.

 

 
Meeting closed at 9:15pm

 

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