Barred from seeing the Accounts as new Treasurer council tenants association

[feck]

Hi,

 

I have been voted on by residents of a council estate to represent them as treasurer on the tenants association.

 

The association receives funds from the council, has to abide by the council set constitution for residents associations.

 

The constitution states that the treasurers role is to be the main signatory on the accounts, and that all payments must have the treasurers signature.

Also that all of the accounts must be with the treasurer.

 

For almost 3 months I've still not seen any accounts, or had anything to do with the finances.

 

I asked a few days after being voted on by residents, and over a 2 week period of asking,

and then being told to wait almost another month until the next meeting

 

the relationship with the other officers (Chair, Vice Chair) has ended up with them accusing me of being on a mission,

and now I have had no contact with them for over 2 months.

 

Even after contacting them, through email weekly.

 

I've contacted the councils resident engagement officer and the housing officer who are now saying i should wait until until the next meeting.

 

There have been meetings going on with council officers in attendance and I've not been informed of them,

I dont know when the next meeting is and now I'm left with wondering what to do next?

 

Can anyone help???

[Pusillanimous]

You need to send a formal notice to the secretary demanding a Special Meeting, together with a Special Resolution, that you be given the constitution and the accounts.

[feck]

I have the constitution. The accounts are with another member, who refuses to respond to my emails. The resident engagement officer employed by the council is doing virtually nothing.

 

What is a special resolution, I stupidly am thinking of going down the legal route, as they receive public funds and are supposed to abide by the constitution for funds

[stu007]

Hi

 

Right the Chair + Vice Chairs attitude that you are on a mission is completely unacceptable as they and ultimately you the Treasurer are accountable for the Finances of your RA.

 

It seems like the Chair + Vice Chair have no idea that all the finances of your RA need to be accounted for and also for openness and transparency how is your RA showing your account to your service users.

 

I think you now need to make this Formal as you have tried to be reasonable by speaking to relevant parties pointing out your concerns and as of now DO NOT Sign any accounts or funds for money going in/out as you have no idea of the RA Financial Situation so legally you cannot approve signing anything.

 

You now require copies of all the RA Financial statement/ Annual Accounts and a copy of the RA Consitution as without these your role as Treasurer CANNOT be carried out as you has previously as for these on numerous occasions.

 

Due to the serious nature of this matter you also reguire a meeting with the Head of Finance and Chief Executive to explain why you are unable to carryout your role as Treasurer due to the refusal to provide the legal document required.

 

You are doing the correct thing raising your concerns as being the Treasurers the buck stops with you on the finances so you are correct to be concerned.

 

Almost forgot put this all in writing and send a copy to the Chairpersons and the Chief Executive.

 

Also at you next meeting raise your concerns if still not resolved and make the point at the beginning that you want what you are going to say to be "Fully Minuted" and you wish a copy of those minutes and raise your full concerns importantly you are unable to fulfil your role as Treasurer with the refusal to provide this documentation.

Edited July 22, 2014 by stu007

[Pusillanimous]

If you have a copy of the constitution, it should set out how to demand a meeting and what the quorum is. If this isn't mentioned, then common law (Company Law for incorporated bodies) will be the standard, which is 10% of the members. You need to get a couple of the other committee members to back you up, if the chairman is ignoring you. The secretary is then obliged to convene a meeting, circulate notice of it to all voting members, and within X no. of days.

 

I'd suggest an additional resolution of no confidence in the chairman.

[feck]

Stu,

 

I think your on the right track, I've been told this advice before. I've also been told by a councillor it should be a police matter as any transactions that go through the accounts without my authorization are tantamount to a misuse of public funds. I've been after the accounts for years as a resident, found discrepancies, had a treasurer resign in the past as they were also barred from seeing the accounts after 6 months of asking and now the same is happening to me.

 

I asked them politely to not treat me the same way and thats when i got accused of being on a mission. I phoned them after the first and only meeting i was invited to was cancelled without letting me know and was harangued down the phone after calling them to find out why?

 

I think i immediately need to follow your advice

[stu007]

You are 100% correct to be concerned especially with such a Role as Treasurer and the action you are taking is not only to protect yourself in your Role, the Residents Association and the Council.

 

Something else to ask:

 

When were the Resident Association Accounts Last Audited and by Who?

 

Where is the Copy of the Resident Associations Accounts at the (relevant Council Office) as any Service User is entitled to ask to see these Accounts?

 

Why is (Resident Association Member XXXX) refusing to Handover the Residents Associations Accounts to the Treasurer?

 

Where does the Residents Association receive it Funding from? (How much and from Who?)

 

Are the Resident Associations Funders aware that the Treasurer does not have access to its Accounts?

 

Before you took on the Role of Treasurer who was dealing with the Residents Associations Accounts?

 

Without the Accounts is the Residents Association Solvent?

Edited July 23, 2014 by stu007

[BazzaS]

I agree with all posters so far : by becoming Treasurer you take on a 'fiduciary duty'

 

That duty involves knowing the current state of finances (so you are entitled to the accounts), as well as refusing any disbursements until you are satisfied that

a) the organisation is solvent and can meet that payment, and

b) the payment is for a purpose that is legitimate and appropriate.

 

Write again to the Chair and previous Treasurer, copied to the Council (Chief Exec and CFO).

Stress that you aren't "on a mission", but only wanting to discharge the duties of the post you have been elected to.

 

Point out the timescales over which you have been asking for the accounts, which is why you aren't being unreasonable, that if "the accounts are in a mess" you'd like to help get them resolved, and that whilst you aren't suggesting there has been any fraud, that the behaviour in not providing accounts (especially if a previous Treasurer faced the same) might lead some reasonably minded people to begin suspecting it, so it is in everyone's best interest to get this resolved.

 

Have they made you an obligatory signatory to any bank account(s)? Have you statements for those account(s)?

 

From your description my first thoughts are that there had been either fraud or incompetence (or both).

If a previous Treasurer resigned after 6 months of asking for the accounts with no success : what will you change to prevent the same re-occurring?.

I'd start "softly, softly", but keeping the Council aware / informed, in case the situation is salvageable, but at some point would you

a) call the Special Meeting to get the lack of accounts "out in the open"

b) insist the Council act or go to the Press?

 

Keep copies of all correspondence.

[feck]

Thanks Bazza, all my correspondence has been through email, that should be good enough shouldn't it?

[Conniff]

Legally emails are fine, but a recorded signed for letter will be proof positive that they have received it.

[BazzaS]

Again : do you know which bank holds the association's bank account(s).

Are you now a signatory to the account? (It would be a very odd thing for a treasurer not to be?)

Are you an obligatory signatory to the account?

( can transactions below a certain amount be authorised by one person? Two signatories? Does one of the signatures have to be yours?)

Likewise, for larger sums : must you be a signatory to authorise it?

 

Have you seen bank statements?

 

As Conniff has said : e-mail shows you sent an e-mail but doesn't show it was received like a recorded delivery letter (unless you have "read receipts" or they have replied quoting your e-mail !)

[stu007]

Hi feck

 

Could you please keep us updated on this as it is a serious matter and if you need further advice just pop back and ask away

[stu007]

Hi feck

 

Just fought id pop in to see how you are getting on with this?

[feck]

Hi stu007

 

Cannot believe that I'm still not seeing any financial related stuff, no accounts, no bank accounts, no signatory on the bank accounts either. The fact is the TRA are either meeting behind my back or not meeting at all, and all I've got in the last 4 months is hassle. The council refuse to intervene because they claim the TRA is independent. So at this juncture I dont know what to do. I've thought about legally approaching this through the courts but dont know what instrument I would need to apply for?

 

All i want as the residents representative as treasurer is to have the accounts in my possession, be the main signatory on the bank account and to be informed of any and all transactions. Not too much to ask.

 

I recieve no correspondence from them until today telling me the next meeting will be in a month. I've not been made aware of any meetings since i got voted in as treasurer 4 months ago and the only emails i recieve are quite hostile.

 

Can someone please help

[BazzaS]

Hi stu007

 

Cannot believe that I'm still not seeing any financial related stuff, no accounts, no bank accounts, no signatory on the bank accounts either. The fact is the TRA are either meeting behind my back or not meeting at all, and all I've got in the last 4 months is hassle. The council refuse to intervene because they claim the TRA is independent. So at this juncture I dont know what to do. I've thought about legally approaching this through the courts but dont know what instrument I would need to apply for?

 

All i want as the residents representative as treasurer is to have the accounts in my possession, be the main signatory on the bank account and to be informed of any and all transactions. Not too much to ask.

 

I recieve no correspondence from them until today telling me the next meeting will be in a month. I've not been made aware of any meetings since i got voted in as treasurer 4 months ago and the only emails i recieve are quite hostile.

 

Can someone please help

 

 

Local press? 4 months is plenty long enough.

 

"Treasurer of Residents Association prevented from seeing accounts, and from being a signatory on bank account"

"We spoke to a previous Treasurer who said they resigned after x months after also being denied access"

"Some residents now calling for a Special Meeting "

 

Get this out in the light of day!.

If the council won't take action (& they might once the councillors & council officers start getting asked questions by the Press), the affected residents might, when they start reading about it?

[feck]

Got a feeling you may be right.

[stu007]

This is shocking and as treasurer at present you cannot fulfill your role.

 

At the next meeting you need to raise this and ensure it gets minuted and you get a copy

 

Also as BazzaS suggests.

 

Does the Residents Association have its own website? (dont put it on here)

[feck]

What about an injunction? or some other legal instrument?

[stu007]

Hi

 

Right you are the Treasurer for a Residents Association of which Landlord?

 

Do you have copies of your Role as Treasurer of RA and access to its policies?

 

Who funds the Residents Association?

 

Do you have a copy of the Resident Association Consitution?

 

At the meeting does the Residents Association minute the meetings?

 

Where are copies of the minutes held for Residents to view?

 

Does the Residents Association have its own website?

Edited August 30, 2014 by stu007

[Ubiquitious]

Hi,

 

 

Would Part 30 of the Companies Act 2006 apply?