Conflict of Interest

[Single2catsand1daughter]

Bit of background info for you. I live in a development of 9 townhouses, with a tiny communal area. I own my property. The communal area is manged by 3 directors, all of whom are homeowners. It was originally managed by an independent property company, but decided to move away as was cheaper. I never wanted to do this, as I believed it could create problems.

One of the directors (V) is also employed as the gardener and maintains the communal area. We recently had a residents meeting, and the topic of "conflict of interest" was raised about (V) being both director and gardener. V strongly disagreed with this and promptly left the meeting. We decided to have a vote on this issue, in the hope of finding a resolution. The result was for V to step down as gardener and continue as director. V has completely ignored the vote and its result. He emailed us all individually saying "in his opinion, the market should have been tested before the vote."

Of the 2 other directors, 1 wants V to go ASAP, and the other is loyal to V and isn't doing anything to resolve the situation.

Sorry for the long post. I'm at my wits end with this mess!

As a managing agent, I've seen this sort of thing work very effectively and I've seen it go horribly wrong. Apart from the fact that he's also a director, is there any problem with his gardening? Because as long as he's charging a reasonable price (external gardeners are expensive - and quite often rubbish) and he's doing a good job, I probably wouldn't have a problem with it, especially as there are other directors and it's not his own personal fiefdom.

If you really want to, you could try to resolve this by forcing an EGM under the rules of the Companies Act (get signatures from your neighbours) and tabling a resolution for a vote of no confidence in the current board. But you'd then need to be prepared to take on the responsibility of being on the board of directors yourself.

What does he mean about the market being tested before the vote? Does he think that it was rushed to vote without adequate time for discussion and reflection and exploration of solutions? He may have a point about that if it was raised at the meeting with no prior warning and then voted on hastily. Perhaps another vote in a few weeks’ time once everyone’s had a chance to think through and explore the implications and alternatives? (Is this a metaphor for Brexit?!)

So he's carrying on being the gardener although he's been removed? Don't pay him then. He'll either carry on for no payment or stop.

What is the conflict people are worried about? That'll he will only plant things he likes?

I have had several homes with external management cos employing external gardening contractors and almost all have been a chancer's dream. If I had a live-in, engaged, accountable gardener on site, I'd not let him go!

(The first one I moved in and asked why I was paying for upkeep of the "communal decorative rockery", where there was no rockery whatsoever. It was stricken from the charges.

Another one claimed to be doing regular maintenance but the thigh high grass and clearly overgrown hedges suggested otherwise. They were also charging for a whole section of land that wasn't even planted! They have since been sacked, again after I queried it enough to make the man co consult other leaseholders and they canned it as well)

Thank you for your replies. The trouble is V seems to think the communal area is his and his alone. Just recently a large shrub had to be removed ( a fence post was being replaced), Vince objected to this. He stood in front of the shrub, shouting at the contractors and threatening to call the police! He's not a reasonable man and is difficult to deal with.