The proposed new CBWRA constitution – freeholders (Berkeley Homes etc) to get seats on the committee?, any CBWRA member can be removed from CBWRA by Chair/committee and a press gagging clause for committee members

The CBWRA constitution which the CBWRA committee wish to have adopted at the special general meeting on 12th September is a major backward step, increasing the control of the Chair and reducing their accountability to residents even further and handing up to four committee places to the LANDLORDS/FREEHOLDERS.? I hope this is not the case but the wording is very unclear:

”Additionally, the Committee shall consist of not less than one-member representative from
each of the landlords on the development”

Perhaps they mean at least one leaseholder from a block owned by each of the freeholders. If so they seem unable to articulate that which is strange given how long they have been working on this for.

The new draft constitution was only made available to residents in 31st August, 11 days ahead of the meeting and AFTER the deadline had closed for motions to be submitted so that no-one could submit a motion on this matter unless they were psychic. Most attendees will be attending by proxy and many have already cast votes on the ratification of the constitution without having seen it and without having heard any discussion which may happen at the meeting.

The proposed new constitution has not been posted on the cbw app to the best of my knowledge. This suggests that CBW RA committee do not want residents to read or discuss the proposed new constitution ahead of the SGM.

This is in my view more evidence of the profoundly anti-democratic of the CBWRA committee who told residents recently that the new constitution would only have minor revisions.

Other notable control freakery aspects/power grabs in my view are:

There can be up to 18 months between AGMs and no date is given for Chair elections or the process

7.2 Thereafter an AGM shall be held once annually and not more than 18 months shall pass
between one AGM and the next one.

More worryingly, the proposed new constitution (which appears to have the support of Simon Challen of Berkeley Homes) appears to be a Dictator’s charter. The Chair /committee can remove any member (committee member or resident /leaseholder member) from the Residents’ Association on the vaguest criteria ”any other conduct not in line with the aims of the Association” or conduct deemed by Chair/Committee not to be ”’reasonable manner”. The proposed constitution says:

  2. It is a condition of membership that members at all times conduct themselves in a reasonable manner at meetings or in premises used by the Association. A member may be suspended from the Association for failure to observe this or for any other conduct not in line with the aims of the Association.  

This looks to me like groundwork for expelling any member of the committee or any ordinary member (leaseholder) who disagrees with the Chair/committee , or indeed any potential rival for Chair/committee. These totalitarian tactics are very similar to the way in which CBW app accounts are closed for what are obviously political reasons (i.e. criticising or opposing the committee). I wonder if it is merely coincidence that a few day ago Louis Sebastian Kendall accused me of disrupting the last AGM (a claim which CBWRA had to immediately withdraw in writing as it was totally groundless and I have a recording of the meeting).

Any resident who dares to speak out about Berkeley Homes, the managing agent or CBWRA can potentially be removed from the association by simply claiming that their ”conduct is not in line with the aims of the Association”

The new constitution also says that a ‘CHAIRPERSON’ (singular’) shall be elected but that is is fine for the role to be carried out by two people which makes no sense whatsoever. It does not state that two people can stand jointly for election as Chair which is what happened in the clearly unfair February 2023 CBWRA Chair elections which was in violation of the constitution.

The new constitution removes the article from existing constitution which requires CBWRA to make available to leaseholders copies of all correspondence with the freeholder, removing yet another important aspect of scrutiny/transparency

All of the above is pretty shocking even by the low standards of consultation /democracy CBWRA and underlines the need to vote against ratification of the constitution at the Special General Meeting on 12th September at 7pm as I have recommended, If you cannot attend please feel free to contact me to act as your proxy (residents@chelseabridgewharf.org.uk).