Rejection of Colin Davison
Members of the Board, Chaneys leadership team and on-site staff are exhausted, having to waste many hours reviewing and responding to the spurious falsehoods concocted by what is a small group of members led by an even smaller group of ring leaders. Anyone reading the nature and volume of abusive and threatening e-mails sent to Board members in the past three months would probably find it hard to conclude anything other than that the Board is being harassed and unreasonably attacked for simply undertaking what is, ultimately, a voluntary role: a role being performed to safeguard residents, protect homes / investments, and minimise costs.
Some background to the current situation
In 2012, persistent aggressive bullying and threatening behaviour contributed to the progressive resignation of four honest and hardworking directors, leaving Colin Davison and one supportive member with majority control of the Board, and yet Colin Davison is now accusing the current Board of such behaviour.
By manipulating the voting process at the subsequent EGM, the remaining independent Director was removed, new Articles of Association were illegally “adopted” and our then Managing Agent was arbitrarily removed. The latter resulted in significant legal and settlement costs being incurred by members, amplified by Colin Davison’s refusal to consider arbitration or settlement.
VHMC was then controlled by Colin Davison and one other Director, with no managing agent. Services were largely suspended and financial records were not maintained. VHMC accountants were never able to fully reconcile income or spend during this period, and yet the current Board is being accused of misappropriating funds, funds that can be fully accounted for.
Service Charge arrears currently stand at over £140,000. Approximately half of these arrears are in the process of being collected following successful court action. Of the remaining £70k, c50% is attributable to a very small number of the proposed new Directors. With control of the Board, these individuals would have the power to suspend debt collection and rescind legal action. Whilst Chair of VHMC, Colin Davison charged VHMC “administration” costs that were subsequently written off against his outstanding charges. In more recent letters to the board, Colin Davison has explicitly stated that we could “avoid the lengthy legal matters and expenses if we come to some basis of getting a compromise on the service charge debt”.
Colin Davison has previously stated that he would stop pursing changes to the Board if VHMC agrees to write off his arrears. With a Board majority, the new Directors will have the power to suspend debt collection and rescind court action.
Des O’Neill and Anne McCabe are partners, joint members of VHMC and co-directors of Linx Property Solutions. Whilst a Director, Des O’Neill passionately fought to retender contracts and increase spending and submitted a proposal to take control of on-site services. This proposal was rejected by Board members, both for not representing value for money, but also due to the clear conflict of interest.
The real reason for change?
So, what’s the real reason for the changes being proposed by the new group? To improve services? To reduce costs? The Board strongly believes that the proposed new Directors would likely run our services for personal profit, stop in-flight legal action and write off arrears.
And, finally, the biggest threat is that any board that is largely controlled by Colin Davison and Des O’Neill has the potential to have a catastrophic and long-lasting impact on members’ investments. Our Managing Agent will resign. The cost implications of not remaining focused on the current cladding issue will likely bankrupt some members. The new Waking Watch and the potential for not receiving the full cost of replacing the cladding from the government fund are classic examples of why a substantial reserve fund is needed.
These are not words we share easily. We’re not trying or intending to scare. We are simply stating the reality of the situation as we see it, from where we sit with the benefit of our experience, our track record and with knowledge of the proven behaviours of both Colin Davison and Des O’Neill.
We cannot, therefore, support the appointment of Colin Davison, Des O’Neill or Anne McCabe to the Board. The information presented within the EGM agenda is extensive and detailed, but we urge you to take the time to read it: you need to understand the facts and separate them from the misinformation and intentional disinformation being spread by the new group for their own personal interests and gain.
It is for members to decide if the work we have done has been of such poor quality and standard over the past few years that it warrants our removal or collective resignation. It is for members to decide if each and every member of Colin Davison’s group is of good standing and fit to lead Winterthur Way.
Important Information – EGM
The Board of VHMC has called an EGM for 22nd February 2021. All VHMC members are strongly encouraged to attend. For more information visit our dedicated EGM page.
Page Last Updated on: 10/02/21