Factor issues in Scotland

Rosemary7391

This committee just sprang into being to do this then? Were there any elections for key positions (chair, secretary, treasurer?)?



Again, a meeting was held (with proper notification according to constitution/deeds, not door knocking) and a vote recorded. Wasn't it? The result of that is the result, you can't change the past. How did you get the proxy votes agreed though?


These are all questions the factors are wondering about... have you at least given them an outline of the process you followed and the wording of the decision?

missile

Rosemary7391 wrote: »

This committee just sprang into being to do this then? Were there any elections for key positions (chair, secretary, treasurer?)?



Again, a meeting was held (with proper notification according to constitution/deeds, not door knocking) and a vote recorded. Wasn't it? The result of that is the result, you can't change the past. How did you get the proxy votes agreed though?


These are all questions the factors are wondering about... have you at least given them an outline of the process you followed and the wording of the decision?

The committee was formed at the request of the factor when the development was completed 12+ years ago. A meeting was held and votes were recorded and we have signatures from the owners

Your comments have little relevance to the GDPR?

I am chair person for The Elmhill Owners Committee. We have collected votes from 50% owners to retender our factoring contract. Our factor has demanded our minutes of meeting and details for those who have voted. We are reluctant to disclose these and believe we are bound by GDPR, are we correct?

In a spirit of cooperation we have invited factor to appoint a third party to audit our records.

Any advice?

Rosemary7391

I don't think GDPR would prevent you from complying with the factor's request. Minutes of meetings are hardly sensitive information. But ask the ICO; I'd be interested to hear what they have to say.


What I'm asking has a lot of relevance as to whether the factor will agree things have been done in the proper manner. That's between you folks though!

missile

Please be advised, the definition of data as defined in GDPR.

Any information relating to a person (a ‘data subject’) who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person.

"minutes of meeting and details for those who have voted" would clearly fall within this definition.

As I have already said, in a spirit of cooperation we have offered to let the factor audit our records.

My question:Is the Owners Committee bound by GDPR?

agrinnall

I can't answer whether the committee is subject to GDPR, but whether it is or isn't I don't think you should reveal who voted which way. The only thing that matters is the result, and it sounds to me like to factor is simply trying to sabotage that result.

Rosemary7391

The committee will be subject to gdpr even if they don't have to register with the ico. But providing minutes of meetings to parties with a clear need to know the outcome of such a meeting seems likely to be a legitimate use of data. Gdpr doesn't mean you sit on all data forevermore! You still need to do your business as the committee.




Agree that who voted which way isn't needed, but those present should be listed (and the appropriateness of the proxy vote still concerns me).

missile

agrinnall wrote: »

I can't answer whether the committee is subject to GDPR, but whether it is or isn't I don't think you should reveal who voted which way. The only thing that matters is the result, and it sounds to me like to factor is simply trying to sabotage that result.

Thanks. You may be interested to know previously this factor has been censured by first-tier tribunal for Scotland for similar actions.

missile

I am pleased to report we arranged a meeting with the factor. He accepted our records as proof and took copies as evidence that we had complied with the Deed of Conditions.

Still unclear to me whether they have the right to demand copies of our records, but in the unlikely event we are held to be in breach of GDPR, I have a snotty letter from factor's solicitor which I can show.