28th Jan 2021 – Member Meeting Information

Why is this here? This page relates to a members meeting held by Mr Davison on 28th January 2021. Since the meeting was fraudulently referred to as an Extraordinary General Meeting of VHMC, the Board considers it to be in members interest to release the information and supporting documents shown below.

The Law

VHMC members have a right to call an Extraordinary General Meeting (EGM). This right is enshrined in law (section 303 of Companies Act 2006). In 2013 an EGM was called by members seeking to enlarge the Board. The EGM request was supported by a minority of Directors and the then managing agent.

The Request for an EGM

On 2^nd December 2020, Mr Davison submitted a request for an EGM. This request was reviewed by the Company Secretary relative to the legal requirements (see legislation.gov.uk). Unlike in 2013, Mr Davison request was deemed invalid – put simply, not enough members supported the ask.

Mr Davison claimed that the request was supported by 40 members. In reality, after invalid (i.e.: non-member) and duplicate names were removed, the total number of members supporting the request was just 12 (3.7%) – well below the required 5% threshold. At the point the request was submitted, 50% of those members were in arrears – collectively owing almost £50,000 to VHMC. VHMC informed Colin that the request for an EGM had been declined.

VHMC Response

In recognition of the genuine concerns raised by members, at the board meeting held on 21^st December 2020, the Board agreed to voluntarily schedule an EGM.

An EGM was scheduled for 22nd February 2021 – the date chosen to ensure that the Board would be able to provide a meaningful update to members on key issues (e.g.: cladding). Mr Davison was subsequently advised of the proposed EGM date.

Mr Davison then continued to schedule a members meeting for 28th January 2021. As the meeting was fraudulently referred to as an EGM, the Board secured and circulated legal guidance to members. Since the meeting held on 28th January 2021 was not a legitimate EGM, VHMC is unable to execute any of the resolutions regardless of votes cast.

Understanding Votes Cast

Minutes of the meeting have been issued suggesting that up to 82 votes were cast in favour of a number of resolutions. Had the member meeting been a legitimate EGM then the number of eligible votes cast would have been just 17.

Of the 82 votes shown in the meeting minutes:

3 votes are recorded from individuals who are not members of VHMC
34 votes are duplicates submitted by members who own multiple properties
28 votes are recorded from members ineligible to vote due to arrears.

For an accurate breakdown of how the outcome of votes that would have been recorded had the meeting been conducted as an EGM, please click here.

Statements

Please read the following statements:
Statement: VHMC Board – rejection of Colin Davison et al
Statement: Robert O’Brien – Withdrawal from Mr Davison Support Group
Statement: Stewart Smart, Jaz Parmar and Edward Loughrey – No Association with Mr Davison Support Group