The AGM is the one day a year an owners’ management company legally belongs to its members in practice as well as theory — and the day most OMC dysfunction is designed, or allowed, to avoid. The MUD Act built a disclosure-and-approval machine around that meeting. Most members have never been told it exists; most boards that dodge it have never been told it binds. Both should read on.
Mary Molloy Solicitors are solicitors, not accountants or tax advisers. Nothing on this page is tax, accounting or financial advice — engage your accountant on those questions, and both advisers together where matters straddle the line. Company law procedures, CRO practice and filing deadlines change frequently, and reform of the law governing owners’ management companies and charities is ongoing; confirm the current position before acting on anything here.
The Machine: Sections 17 and 18
Section 17 requires the annual members’ meeting and the annual report — the finances, the charges and their basis, the sinking fund, the insurance, the contracts — the full financial story of your development, disclosed yearly. Section 18 makes the members the electorate for the service charge: approved at a meeting, on a transparent basis. Together they mean the AGM is not a courtesy briefing; it is where the OMC’s money is legally supposed to be explained and authorised — the machinery behind every service charge right you have.
Using the Meeting Like a Member
- Before: demand the report and the budget in good time, submit written questions, read the last set of minutes;
- During: question the report by item, vote on the charge, stand or vote in the elections s.16’s three-year cap requires to actually happen;
- After: get the minutes, compare the promises to the spend at next year’s meeting — the machinery compounds for the members who work it.
When the Board Goes Silent
The escalation ladder, in order: the framed written demand — the meeting, the report and the specific disclosures sought, tied to their statutory homes (most boards convene on receipt; many simply never knew the obligations attached); the solicitor’s letter naming the failures and the application that follows; and section 24 — the Circuit Court’s wide remedial jurisdiction, mediation available and often directed, walked through at section 24 explained. And the standing offer to the other chair: boards that want to run the machinery properly rather than be pursued through it are half of this practice — OMC directors & governance.
No AGM, No Report, No Answers?
Bring whatever the OMC last sent you. One call frames the demand the statute already wrote for you.
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OMC AGMs - FAQs
About the Author
Richard O’Shea, Solicitor practises with Mary Molloy Solicitors (established 1981), advising company directors, shareholders, family businesses, owners’ management companies, clubs and charities across Ireland. Richard holds a Diploma in Mediation from the Law Society of Ireland — central to this work, where shareholder, family-company and apartment-block disputes are relationship disputes first, and where the MUD Act itself empowers the Circuit Court to direct parties to mediation. Contact Richard on 01 5827148 or richardoshea@marymolloysolicitors.com.
This article is for general information only and does not constitute legal advice. Every farm and family situation is different, and you should obtain advice on your own circumstances before acting. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.