Since the FTT decision we’ve contacted our local MSP. She’s been in touch with RMG to express her concern at refusal to accept the vote run to terminate them. RMG have re-iterated their position that as per their interpretation of the deeds the WRA are not able to provide evidence that for the 38 tenanted properties in the estate the tenant actually passed the voting paper and communication on the the absent owner/landlord. Likewise they insist a quorate of 20% of owners was not physically present at the EGM meeting thereby insinuating voting by proxy is not permitted. Please note, however, that the option of mandated or proxy attendance / voting at any duly convened meeting of Plot Proprietors is set out in the first section of Part 2 of the Deed of Servitudes and Conditions in the following explicit terms:
“any of the Plot Proprietors may be represented by a mandatory; the quorum of a meeting shall be twenty per cent of the total number of the Plot Proprietors or their mandatories.”
We have followed that procedure in arranging the October EGM, and RMG have done likewise in respect of all previous AGM meetings. We firmly believe this approach to be wholly compliant with the requirements of the Deeds.
Neither of these points were an issue in the past when RMG oversaw the formation of the WRA nor when they have sought quorate from the resident population for large spends which they are duty bound to do as per the deeds. Such interpretations of the deeds needless to say would make it pretty much impossible to ever get rid of a factor.
I’ve been advised by other factors that the process followed by the WRA is the norm in Scotland. The FTT decision was that they (as a body) cannot make interpretations of deeds and therefore advised both parties that a decision on the matter should be sought in a civil court:
“The Tribunal’s view was that it was not within its powers to determine whether the EGM had been competently convened or whether the decision to terminate the property factors’ appointment was valid. There was a clear dispute between the Parties as to the legal interpretation of the Deed of Servitudes and Conditions affecting the development and this was rightly a matter for a court to determine, if the Parties could not reach agreement.”
I’ve been advised by other factors and my local MSP that one of the reasons the FTT process was created to avoid such disputes going to civil courts. My MSP advised me to raise a petition to the Scottish Parliament to request a review of the Code of Conduct for Factors (Scotland) and the FTT process to ensure they make decisions on such matters. I will be progressing this.
I’ve also asked our local MSP to request RMG for confirmation that they will not block us using residents funds for legal support should the WRA seek to obtain a decision on the matter in a civil court. At present RMG have been clear that the residents of Woodilee Village will pay all their legal fees incurred so far in disputing this vote. RMG (through the same legal firm) did offer to re-run the vote on behalf of the WRA with an “admin fee” of £8600 and a condition that the FTT complaint was dropped.
RMG have now gone completely rogue and stopped engaging with the WRA applying yet another interpretation of the deeds in relation to the 7 grand they have spent of your money on grit for bins (many of which are already full) referencing “majority objection” as the new quorate requirement.
Please all remember that all this money that is spent by RMG is coming out of your pocket as residents. Further while they insist they remain the factor at Woodilee Village they are supposed to provide a service covering regular walk rounds, regular updates on the debt position for the estate, none of which is happening.
