1. Accounts / Audit

It is now a priority to get the service charge accounts prepared and audited. (Either directly or via new managing agent during handover.)

2. Resident's Association (BWRA)

• What should we do with it now?

If BWRA is formally constituted and becomes the recognised Tenants Association, it would have some additional powers to represent leaseholders, including the right to be consulted over the appointment of any new Managing Agent, Consultation and to request/submit alternative quotes for major works, to appoint surveyors etc.

Possible downsides: as a separate organisation in its own right, it requires its own constitution, meetings, finances and committee to run it. If formally constituted, the directors of the RMC (BWMC Ltd) would have a possible conflict of interest and may not be able to participate.

If BWMC Ltd is properly managed and with sufficient transparency and accountability, then the Residents Association is probably an unneeded duplication.

The general feeling was to leave it in its current informal state, as it serves a useful forum (website, WhatsApp group etc.) and to revisit this at a later stage.

3. Annual General Meetings

When BWMC Ltd was incorporated in 2006, a resolution was passed to dispense with the requirement to hold AGMs (under the then in force CA 1985).

This had the effect of cancelling out all the provisions in the Articles relating to AGMs, election and rotation of directors etc.

This is what has allowed the situation where only one person was in effective control, and their lack of response made it impossible to hold them to account and very difficult to rectify the situation.

We concluded:

• An AGM should be called anyway.
• At that AGM, we pass a resolution to reinstate the requirement to hold Annual General Meetings.

The Articles require that, as it would be the first AGM, the current directors would all have to stand down (and stand for re-election if they wish.) and provide the opportunity for others to stand for election as directors.

Rob