are online surveys allowed to be used to poll / vote in RMC / RTM?

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    are online surveys allowed to be used to poll / vote in RMC / RTM?

    My flats have people i'm sure who live away. Neighbours can't confirm who is renting or leaseholder. It's a RMC. It got me thinking about votes of the members and how to get them. An online survey seemed practical (we do it at work). Has anyone know if a survey can be used as a way of voting for things, or has it got to be bums on seats and hands up, or done on a paper slip? when people can even live overseas, seems practical if nothing else! Any suggestions welcome cheers

    #2
    Companies don't work that way. You send out notices for meetings to the address for service of each lessee (which the company will know). You also send out proxy voting notices when relevant. If lessees don't get the notices because they don't actually receive post at the address for service, that's hard lines.

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      #3
      You have to look at the company articles.

      Often people without a UK address are not entitled to be invited.

      Ballots generally have to be done either as postal ballots, by proxy or by people who are able to fully participate in the meeting. It is possible to have articles that allow participation to be electronic, but everyone must know what everyone else is saying.

      Many large membership societies allow proxy preferences to be recorded electronically, but they are still technically proxy votes.

      RTM articles generally cannot be changed, but allow for teleconferencing type meetings (as long as everyone can fully participate in the debate). For RMCs, it will depend on how old the articles are.

      Although electronic nomination of proxies has a similar effect to what you want, it is always better for people to be exposed to the debate.

      Postal ballots have quite a long timeout if not enough people vote to establish a clear majority, and best for cases where there is no need for debate.

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        #4
        Regarding formal meetings of members. you can send out and receive proxy forms by email, as long as the notice of the meeting states that is an option. You should keep a written record of decisions made by members so the proxy forms should be retained so that they may be produced if necessary,

        There is nothing to stop a Company from holding informal meetings and arranging online surveys. The results would not be legally binding on the Company but the directors could use the results to make decisions.

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          #5
          There's nothing to stop you having online meetings (if not prohibited by your constitution - which is unlikely for an RMC) so you can teleconference on whatsapp or similar.
          You just need to make sure that everyone has the opportunity to participate so decisions can't be questioned subsequently.

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            #6
            Originally posted by Section20z View Post
            There's nothing to stop you having online meetings (if not prohibited by your constitution - which is unlikely for an RMC) so you can teleconference on whatsapp or similar.
            You just need to make sure that everyone has the opportunity to participate so decisions can't be questioned subsequently.
            Well, maybe sort of. For example shareholders do not have to accept E-mail as an address for service.

            Questioning of decisions by companies has nothing at all to do with whether everyone has the opportunity to participate. It is rule/law based.

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              #7
              I agree that everyone must be allowed to participate and that is the problem, not everyone has access to online facilities .Some people actually prefer the old fashioned idea of meeting and speaking to members.

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                #8
                that's a lot thoughtful and helpful answers, cheers

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