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Ben Jones
Ben Jones, UK Lawyer
Category: Scots Law
Satisfied Customers: 7
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I own 2 specified weeks in perpetuity in dalfaber village club

Customer Question

I own 2 specified weeks in perpetuity in dalfaber village club in Scotland
In July I received documents calling Special General Meeting in Falkirk to amend the constitution of the club, to change to a points system, or pay a termination fee of 4 times my annual management fee. All future decisions we be taken my the Management Company,including withdrawing properties from the club which will become theirs to dispose of as they wish.
The document is completely one -sided infavour of the management company.
The complex is very substantial, the owners committee have taken no Legal Advice, the special general meeting was a shambles, the meeting was adjourned for a comfort break, it was not reopened and we were all informed that if we did not deposit our voting slip within the next 5 minutes they would be void.
One of the reasons for the change to the constitution was because many elderly members were unable to pay their management fees due to their financial circumstances but are now expected to pay 4 times that amount in one single payment with no alternate resulting in hardship and distress.
What action can individual or a collection of owners do to prevent this asset grab?
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

What was the legal basis for calling the meeting? Is this a limited company or a company limited by guarantee?

What does the existing constitution say about this?

How is it suggested that the development is maintained if elderly or other residents don't pay their share? There may be ways and means to prevent an "asset grab" but management fees presumably have to be met.

Please let me have the Articles of Association or constitution. You can scan and email this to [email protected] and ask that they send this to JGM.