Notice to Members
At the AGM held on 23rd October there was an incorrect declaration of the votes for and against Resolution number 1 which was for a proposed increase in subscription rates of 7.5%. After the meeting was closed the error was discovered by the scrutineers and I was advised accordingly albeit too late for the meeting as many members had already left. All the other resolutions and votes for Committee positions were checked again and found to be 100% correct.
In the circumstances, the Committee decided to seek legal advice to determine the best course of action to ensure that any decision made complied with both our Club Constitution and with Companies Act procedures. The advice received from two separate legal companies was identical and stated that an error made by the scrutineers, which was discovered after the declaration, must be rectified and the correct result of the poll should stand.
Quote from our insurers Circle Golf legal department (DAS): Claim reference 1180926-727
“In view of the error in the calculation now having come to light and been corrected, the resolution re. The proposal for subscription increase of 7.5% should now be considered as passed/accepted. Further we advise that the committee check the Club’s Articles of Association to ensure this scenario is not specifically covered. The scrutineers should confirm their mistake, make a declaration as such in writing and we should retain all voting slips as evidence”.
Following the above advice, the Articles have been checked and I can confirm they do not cover this scenario.
Therefore in order to comply with the Constitution of the Club there is no option other than to declare that Resolution No1 is passed and adopted with immediate effect.
However, due to the unfortunate error at the AGM which led to an incorrect result being announced and also the closeness of the result, the Committee have reviewed the situation and decided that the most appropriate course of action to take is to hold a further General Meeting. This General Meeting will solely transact a single Resolution that the subscription increase for 2018 will be set at 4.5%. If passed this Resolution will supersede the 7.5% increase passed on 23rd October 2017. In order to accommodate this reduced increase the Treasurer has advised that the budgeted drainage work on one of the greens will have to be delayed until the following year.
The Committee is very conscious that this action will disappoint those members who formed the majority in voting in favour of the 7.5% increase at the AGM. In the interest of clarity, it is important to understand that if the new Resolution fails to receive a voting majority in line with our Club Constitution then the 7.5% increase, voted for on 23rd October will have to be immediately implemented.
A formal notice and resolution wording will be issued in due course giving the required 14 days notice.