Owners' meeting: notice, resolution, power of attorney

The owners' meeting is where a property is managed – and the most common reason why resolutions are later set aside.

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

What counts is the co-ownership shares, not the number of those present. An owner with large shares correspondingly carries more weight. Resolutions can also be passed in writing outside the meeting, provided all owners had the opportunity to comment; in practice this route is more common than the meeting itself.

Representation

Anyone unable to attend can arrange to be represented. The power of attorney should be in writing and 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 does not sit right

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