Owners' meeting: notice, resolution, power of attorney

The owners' meeting is where a property is managed. It is also the most common cause of resolutions being set aside later.

What the manager owes

The manager must convene a meeting at least every two years. Notice must be given in good time, verifiably and with an agenda. Where a vote is taken on an item that was not announced, the resolution is open to challenge, regardless of how sensible it is on the merits.

How the count is taken

The count is taken by co-ownership shares, not by the number of those present. The vote of an owner with large shares correspondingly counts for more. Resolutions can also be passed in writing outside the meeting, provided all owners had the opportunity to comment; in our experience this route is more common than the meeting itself.

Representation

Anyone unable to attend can arrange to be represented. The power of attorney must be in writing and no more than three years old; without written proof, the representative's acts are effective only if the owner ratifies them in writing within 14 days. It should state the scope of the authority; a blank power of attorney given to the manager is problematic for resolutions on the manager's own appointment or remuneration.

When a resolution is to be challenged

Time limits for a challenge run from posting or service. Anyone who only reacts once the bill arrives is usually too late.