Question 1

AGMs and Electric Car Charging

Accepted Answer

AGMs and Electric Car Charging Q: Could you clarify how residents can request inclusion on an RMC GM agenda of items for discussion and resolutions to be voted on:

Can residents simply request the items to be added or is there a process that needs to be followed, if so what is it?
Can RMC directors refuse to include items for discussion or resolutions to be voted on, if so under what circumstances?

On a different note, your article in Issue 127 on electric car charging and the issues faced by flat owners was very informative. However, it did not mention whether FPRA is engaging with the Government to address the problems leasehold flat owners face in the provision of charging points: if so perhaps an update on what action is being taken would be helpful and, if not, why is FPRA not engaging with the government? FPRA Chairman Bob Smytherman replies: I have been an RMC Director for over 25 years of a self-managing Block. The key document for all shareholders to consider is your Company Articles of Association which will set out to each shareholder how to bring resolutions to a formal GM usually they state giving 14 days’ notice for an item included under AOB. Providing the due notice has been given I would strongly advise against considering blocking discussion on the matter. During the notice period this will give the Directors the opportunity how to respond to item being raised and to prepare a recommendation for the meeting in response to the issue. What we include on my block’s AGM agenda is a ‘General Question Time’. This gives leaseholders the opportunity to ask anything related to work of Directors and we request technical questions are provided in advance to enable a full response to be given at the meeting. If notice of the question hasn’t been given we seek to respond in writing after the meeting and update the draft minutes at the next meeting. If proposals are put to a meeting that are not practical or legally within the remit of the Directors, then the Directors should refuse to implement as they are responsible for the running of the Company within the Articles of Association and to comply with the Lease, if this is the case the decision of the Directors should be communicated to all shareholders as soon a practical giving reasons for not carrying out the wish of the shareholders. Personally I would actively encourage people to raise items for discussion and inclusion on the agenda in advance of a formal resolution being proposed. This will allow time for open discussion and build consensus ahead of Directors bringing back a formal resolution. If necessary that can be put forward to the vote, having taken the necessary legal advice that what is proposed is both reasonable and practical and within the remit of the Company. Electric Vehicle Charging is another issue that the FPRA are having to influence a number of Government departments, which is not always easy. The Government has certainly given us plenty of notice as to petrol and diesel cars being banned. Of course the reality for most leasehold blocks with parking is that there are simply very few options to provide facilities for charging on their estates and it’s something we haven’t begun to consider in my block as it’s just too difficult. [Submitted January 2019]

Question 2

AGMs and Electric Car Charging

Accepted Answer

AGMs and Electric Car Charging Q: Could you clarify how residents can request inclusion on an RMC GM agenda of items for discussion and resolutions to be voted on:

Can residents simply request the items to be added or is there a process that needs to be followed, if so what is it?
Can RMC directors refuse to include items for discussion or resolutions to be voted on, if so under what circumstances?

On a different note, your article in Issue 127 on electric car charging and the issues faced by flat owners was very informative. However, it did not mention whether FPRA is engaging with the Government to address the problems leasehold flat owners face in the provision of charging points: if so perhaps an update on what action is being taken would be helpful and, if not, why is FPRA not engaging with the government? FPRA Chairman Bob Smytherman replies: I have been an RMC Director for over 25 years of a self-managing Block. The key document for all shareholders to consider is your Company Articles of Association which will set out to each shareholder how to bring resolutions to a formal GM usually they state giving 14 days’ notice for an item included under AOB. Providing the due notice has been given I would strongly advise against considering blocking discussion on the matter. During the notice period this will give the Directors the opportunity how to respond to item being raised and to prepare a recommendation for the meeting in response to the issue. What we include on my block’s AGM agenda is a ‘General Question Time’. This gives leaseholders the opportunity to ask anything related to work of Directors and we request technical questions are provided in advance to enable a full response to be given at the meeting. If notice of the question hasn’t been given we seek to respond in writing after the meeting and update the draft minutes at the next meeting. If proposals are put to a meeting that are not practical or legally within the remit of the Directors, then the Directors should refuse to implement as they are responsible for the running of the Company within the Articles of Association and to comply with the Lease, if this is the case the decision of the Directors should be communicated to all shareholders as soon a practical giving reasons for not carrying out the wish of the shareholders. Personally I would actively encourage people to raise items for discussion and inclusion on the agenda in advance of a formal resolution being proposed. This will allow time for open discussion and build consensus ahead of Directors bringing back a formal resolution. If necessary that can be put forward to the vote, having taken the necessary legal advice that what is proposed is both reasonable and practical and within the remit of the Company. Electric Vehicle Charging is another issue that the FPRA are having to influence a number of Government departments, which is not always easy. The Government has certainly given us plenty of notice as to petrol and diesel cars being banned. Of course the reality for most leasehold blocks with parking is that there are simply very few options to provide facilities for charging on their estates and it’s something we haven’t begun to consider in my block as it’s just too difficult. [Submitted January 2019]

AGMs and Electric Car Charging

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