I can send you their Mem and Arts but I don't really want to go down the path of calling an EGM as a) this would involve recruiting other members to support it and b) there is such a degree of apathy within the association that they will be able to get enough proxy votes to defeat a resolution to remove the board.
My original question was in relation to the board breaching the company regulations. I have attached the company regulations, and I have indicated below where they have breached the regulations in my case.
I have written and asked that the Chairman investigates my dispute under regulation 3H and pointed out the provision for arbitration of it could not be resolved. My worry is that they will ignore this letter as they have done with previous correspondence.
So what legal action can I take to force them to follow the regulations?
Summary of regulation breaches:
Regulation 4D – Company Secretary did not provide financial accounts and AGM agenda at least 21 days before the AGM
Regulation 9C – Unless in emergencies, Council meeting require at least 14 days notice. I submitted a resolution to the AGM on 24/5/12 and membership was suspended the next day on 25/5/12. If the company was solvent, then the resolution could not be considered to be an emergency. Therefore the council meeting that suspended my membership was no correctly convened
Regulation 3E –No member shall be suspended or expelled without being first summoned before the council and being given a full opportunity to put his/her case with the assistance of a representative if required. My membership was suspended on 25/5/12 without being give the opportunity put my case to the council.
Regulation 3B – Council may order immediate investigation of any member whose conduct is in conflict with the rules, and who after written warning to refrain from such conduct persists therein. There was / is no conduct issues and no written warning was given.
Regulation 3C – If an investigation did take place, I was not a) notified in writing of the findings of the investigation immediately after any discussion of it by the council, b) invited to give a written response within 21 days and c) notified within 14 days
Regulation 3D – No notification was provided that a hearing was warranted – 21 days notice required.
Possible future breach
Regulation 3H – If a member has a dispute or grievance other than a result of a disciplinary procedure she can refer it to the Chairman who should investigate and try to resolve it. If after investigation the member remains dissatisfied, it can be referred to arbitration.
Regulations BABTAC say it is has applied but which are disputed:
Regulation 2D – Council shall have the right to refuse an application for membership and may in its absolute discretion decline to give a reason. The council shall also have the right to refuse to renew membership in the event of adverse claims. Original membership application was approved 30 years ago – not insurance issues therefore no right to refuse to renew membership.