The Title Conditions (Scotland) Act 2003 (Development Management Scheme) Order 2009

RULE 9 – CALLING OF GENERAL MEETINGS

First annual general meeting

9.1  The first annual general meeting must be called by the manager and held not later than twelve months after the day on which, in accordance with rule 2.1, the association is established.

Annual general meetings

9.2  The manager must call an annual general meeting each year; and a meeting so called must be held no more than fifteen months after the date on which the previous annual general meeting was held.

Other general meetings

9.3  The manager may call a general meeting at any time and must call a general meeting if–

(a) a revised draft budget requires to be considered;

(b) required to call that meeting by members holding not less than twenty five per cent. of the total number of votes allocated; or

(c) so required by a majority of the members of the advisory committee.

Calling of meeting

9.4  Not later than fourteen days before the date fixed for a general meeting the manager must call the meeting by sending to each member–

(a) a notice stating–

(i) the date and time fixed for the meeting and the place where it is to be held; and

(ii) the business to be transacted at the meeting; and

(b) if the meeting is an annual general meeting, copies of the draft budget and (except in the case of the first annual general meeting) the accounts of the association for the last financial year.

Validity of proceedings

9.5  Any inadvertent failure to comply with rule 9.4 as respects any member does not affect the validity of proceedings at a general meeting.

Member’s right to call meeting in certain circumstances

9.6  Any member may call a general meeting if–

(a) the manager fails to call a general meeting–

(i) in a case where paragraph (b) or (c) of rule 9.3 applies, not later than fourteen days after being required to do so as mentioned in those paragraphs; or

(ii) in any other case, in accordance with this scheme; or

(b) the association does not have a manager.

Procedure where member calls meeting

9.7  Where under rule 9.6 a general meeting is called by a member–

(a) any rule imposing a procedural or other duty on the manager in relation to general meetings (other than the duty imposed by rule 9.4(b)) applies as if it imposed the duty on the member; and

(b) if there is a manager, the member must send that person a notice stating the date and time fixed for the meeting, the business to be transacted at it and the place where it is to be held.