POSOL RESIDENTS MANAGEMENT COMPANY LIMITED
Subject: Enquiries and Complaints
From time to time, the directors and the managing agent will receive enquiries from shareholders of the company, from householders who are not shareholders, or from members of the public. In discussion with the person making the enquiry it should be established whether this is an informal conversation that does not require a follow up, or whether the enquiry is of substance and therefore requires a formal response. The procedure for enquiries that require a formal response is set out in section 6 below.
2. Complaints about POSOL
Even in the best run organisations things can go wrong. If something does go wrong and a shareholder is not happy with the service that they receive, they are welcome to make an enquiry or a formal complaint. The procedure for making a formal complaint is set out in section 6.
3. Complaints about the Managing Agent
The Managing Agent is tasked with handling all day-to-day activities on behalf of POSOL. Their work is governed by their contract with POSOL, supplemented by Policy Statements and Procedures established by POSOL.
Any complaint against the Managing Agent should be sent to the Chairman of POSOL who will consider what if any action to take, including whether the Managing Agent is fully reflecting the Board’s directives or whether the directives need to be changed as a result of the complaint.
4. Complaints about Other Contractors
Complaints about other contractors should be sent to the Managing Agent as in para. 6. These other contractors include:
Builders repairing brick planters
5. Complaints about neighbours and third parties.
5.1 It is the policy of the POSOL Board to encourage good relations between neighbours living on the estate. Nevertheless, the Board recognises that in a high density residential and marine environment disagreements over rights or behaviour will occur from time to time. Where disagreements occur between neighbours they are encouraged to resolve them in a civilised manner.
5.2 If neighbours fail to settle their disagreements, they are reminded that they are able to call on assistance from the environmental health service, social services and the police. There are independent mediation services that can also be called upon for advice. (Portsmouth Mediation Service is a service designed to assist with neighbour problems. It can be contacted on 023 9243 1352). Ultimately, residents can take action in the civil courts if they believe that their legal rights are being infringed or that their neighbour’s behaviour is unreasonable or unlawful.
5.3 Individual shareholders also have rights and can take action for themselves under the covenants that were entered into when properties on the estate were purchased.
5.4 POSOL is not required under the terms of either its Memorandum and Articles of Association or of its legal relationship with individual shareholders set out in the Deed of Transfer (houses) and the Sub-Underlease (berths) to intervene in neighbour disputes. Nor is it POSOL’s policy to do so, except when an over width boat trespasses onto the neighbouring berth. The company does not have the resources to provide conflict resolution and mediation.
5.5 POSOL will therefore only intervene in a neighbour dispute where a significant body of shareholders is adversely affected, or where issues of principle affecting the company’s interests are involved. In either of these situations it may be appropriate to consult the body of shareholders before potentially expensive legal action is embarked upon.
5.6 Where a shareholder is unclear about whether their complaint against a neighbour or a third party falls into this category, they are invited to raise the matter formally with POSOL for clarification and guidance, using the procedure set out in section 6.
6. Procedure for making formal enquiries or complaints.
6.1 All formal enquiries and complaints must be made in writing and should be sent to the managing agent – not to one of the directors – and the following procedure will then apply.
6.2 Generally, enquiries and complaints will be dealt with by the managing agent but the Board has absolute discretion to deal with any enquiries or complaints directly. If such discretion is exercised then references below to “the managing agent” shall be replaced by “the Board” as appropriate and paragraphs 6.5 and 6.6 shall not apply.
6.3 The managing agent will log the nature of the enquiry or complaint.
6.4 The managing agent will attempt to resolve the issue and will respond to the enquirer in a reasonable time frame.
6.5 If the managing agent considers the matter to be outside their remit or knowledge they will pass the query to the Board.
6.6 If the enquirer is not satisfied with the response from the managing agent, they may request that the matter is handled by the Board.
6.7.Complaints escalated to the Board will be discussed at the next convenient Board Meeting. Communications from the Board will be direct by email or, if written letters are requested by the complainant, then these will be routed through the managing agent.
6.8 If the shareholder is dissatisfied, either with the response or with the manner in which the enquiry or complaint has been dealt with, they may write to the Chairman setting out the reasons for their appeal. The Chairman will only deal with matters that have already been considered under the process outlined in paragraph 6.1 above. The Chairman’s response will represent the company’s final response to the matter raised.
6.9 If after any appeal, the Board feels that the matter has been concluded, there will be no further communication or response on the complaint. In this situation, the shareholder will be notified once that the matter is closed and any communication thereafter on the complaint may not be responded to by the Board.
6.10. The Board has absolute discretion and may decline to respond to any enquiry or complaint if it is considered vexatious, frivolous, repetitive, unduly burdensome or unwarranted, or is otherwise devoid of any merit.
7.1 Individual Directors
POSOL Directors are unpaid volunteers who themselves wish to enjoy Port Solent. Rather than lobby directors individually, shareholders are requested to communicate with the Board through the managing agent.
7.2 The Board
While the Board tries to accommodate all requests it will be necessary to reject those which contravene the covenants or the cascade of legal documents (Master Lease, Underlease, Sub-Underlease, house Deeds of Transfer, or Articles of Association etc). Other requests may be controversial in which case the Board will consider the effect on the estate as a whole. The Board will not tolerate aggressive or vexatious behaviour from shareholders whose request has been turned down and in such cases reserve the right to terminate all further dialogue between the shareholder and the Board or its managing agent.
If any threats are made against the Board or the company then the Board shall seek legal advice to defend those threats. The Board will immediately cease all direct communication with the complainant and will only communicate through lawyers representing the complainant via lawyers representing POSOL.