Bath Vale Meeting 7-11-22
Bath Vale Residents Meeting 7th November 2022
Meeting opened with a passive aggressive monologue by Leigh Pemberton on what our responsibilities under the TP1 are, and how we are lucky not to be with a fixed managing agent that we could not change, so we should be thankful we are not in a fleece or leasehold position. If we are not in a fleece hold properties what are we in? given the Managing Agents can charge what they want, take commissions of all services provided and situation can go on as long as we own the properties fleece hold is the only explanation.
It is clear from the opening monologue even though we effectively are paying AFP, they have no loyalty to us and they are employed by Bovis/Vistry. Effectively we are in a fleece hold situation until we become directors.
Fiona Bruce has advised that it would be extremely detrimental if any resident put themselves forward before all the issues have been addressed, if someone was to do so they would become liable for all the issue’s and the accounts.
Joanne Morrison will be handing the woodland over very shortly, Leigh raised the woodland plan for 2010 and glossed over the plan and non implementation that it was SDL fault after 2013, however he insisted that Bovis handed over management in 2013 to SDL when in fact it was 2015.
A script from Joanne Morrison handed out to all that states 2013 being the handover date when in fact it was 2015 this can be verified on your account for 2016, which were zero and £10330.32p was handed over to SDL from Bovis, so for the first 5 years the Woodland it was in Bovis hands and no work was done, according to Joanne Morrison the Woodland was taken back into Bovis Management in 2017 so for 8 of the 10 years the Woodland was neglected by Bovis.
The same document implies that Bovis set up a steering group when it was elected by the residents some years ago. The handed out document from AFP is full of in accuracies such as on the night of the meeting it was claimed that the road was adopted that is not the case, on the 5/10/22 Cheshire east said the following, “A vesting Certificate from the S104 of the water industries act is always required before adoption process of Section 38 of the Highways act can be completed”
They went on to say that the local water authority United Utilities had still not issued the S104 vesting certificate. On Monday 10th October confirmation was received that after communication from Fiona Bruce there are a number of official documents to support the above. The outcome is the road adoption has been completed after the intervention of some concerned resident and Fiona Bruce and not through anything Bovis or AFP did. The outstanding question is what did Joanne Morrison stand to gain from the last two years saying that the Vesting S104 was complete when it was not and delaying the road adoption.
Leigh Pemberton failed to adequately address why there were multiple versions of the Woodland Plan for 2020, the only plan he refereed too was the March 2021 revised version which was not the one presented to the Steering Group in November 2020 and agreed was a good plan. So what is left is a plan which reduced by 50% due to a paragraph re-wording, while the contractor were on site it was discussed with the tree surgeons and they when asked are they going to the 10 meter line the reply was “no we are only going to 5 meters as instructed”.
Leigh Pemberton said during the meeting that contrary to Joanne Morrison reports and emails, “they did not sign it off to a point”, Emma Hood only confirmed work had been done”.
Leigh ascertained that all the work that needs to be done has been except for few items that will be done under what they term as winter works, these are items that have been repeatedly promised for year and years.
Nine minutes into the meeting Leigh Pemberton said “bare in mind we work for Vistry they do not work for us”
Leigh could not answer the questions about multiple woodland plans and stated inaccurate dates for plans and insisted Emma Hood had signed off the Woodland. Leigh came up with an implausible reason that the Woodland Plan has been changed but insisted no maintenance was not an issue.
Himalayan Balsam was raised and a promised to be paid for the next three years by Bovis, monies will be transferred to AFP, and the amount of £15k was discussed. Any tree or damage done by falling tree will be on your own insurance not the Public Liability. All works have no time for completion only a vague sometime next year before the nesting season.
The accounts now magically look good, the reserve which was £7k two months ago is now £23k and the current account which was £1k is now £10k and the payment by Bovis for Himalayan Balsam will be in a separate account not hypothecated for the work, the quote for the Balsam was £20k over 4 years, it remains to be seen if Bovis hand over the money.
If AFP are to be believed the current state of the accounts.
Reserve £23000
Current £10.000
Debtor £18,000
Balsam £ unknown amount from Bovis anticipated £15000 from quotation by IWS, the question to be asked is how did we go from little to no reserves and no money in the current account in such a short space of time to lofty figures from Leigh, where did the £16k jump in the reserves come from, where did the £9000 in the current account come from if the debtors amount has not reduced.
Leigh indicated that the court users had been under credited on 2020 accounts, and this will be credited next year, he also indicated that a £30 credit per property would be coming for 2021, although no accounts have yet been produced for 2021, if we put that into perspective that is £3780, every year since 2017 the surplus has been north of £10k and we should have received £80.00 credit for each property, where is the other £5.2k.
We will have to wait for the accounts to be published, but past history would suggest they need to be checked thoroughly, end of year accounts should not take this long to do unless something is being hidden like the £4500 from 2020 accounts that has disappeared. Which no reasonable transparent explanation has yet been forth coming.
Leigh said that the reserves were carried over at year end so in January 2021 why were the reserves £16k short and the £16k only appeared in time for the meeting on the 7th November.
Leigh Pemberton indicated that out of the seven courts they only have electricity bills for 3 courts and after years of charging for electricity had no idea what we are being charged, we have been pursuing the electricity charges for 3 years and the managing agents have been unable to sort this out, the current excuse is EON next and EON new, the 3 courts they have bill for is EON next and the other 4 are EON new, AFP say EON new is used for new sites and the four courts without bill are under EON new and he cannot get access to the bills
A couple of things you need to know EON next is a rebranding of EON accounts that took place earlier this year, and has nothing to do with our situation.
Eon new is a developer account where EON will not charge a daily standing charge until the house sells and owner moves in, this service did not come into existence until 2020, well after the feed piller were handed over to the Managing Agent.
Leigh’s excuses for not having the electricity sorted does not sound plausible, given that on numerous occasions AFP have been given the Feed Pillar Numbers / Serial number / MPAN numbers and meter reading.
With respect to the excuse that EON new are not contactable and the assertion that the unit rates are all sub 29p kw/h and standing charge is 50.00p per day is just not believable in to days climate. It was also clear that Leigh does not want to engage in the solar option for the court lighting, he’s lack of understanding of how it works was staggering given he had been given the full specification and operational instructions would clearly suggest he never even looked at the idea, and the list of made up issues regarding idea would suggest a hidden AFP agenda.
Leigh admitted the following- “your reserve money will be separated on years end accounts, we can use your reserve to pay invoices and that we can prioritise that money, I am not saying that I am using your reserve fund permanently almost all of the time, if the monies are there we will use them” This would seem they have been using reserve funds from multiple years to cover estate running costs. This could explain why end of year accounts are 2 years late as it give the managing Agent along time with a current account monies they can use with out transferring to the reserve fund.
What he is saying if once the money has been transfer out of the current account to the reserve account it cannot be used, however they decide how much is transferred at the end of the year, it is therefore possible monies you have paid in your service charge bill may never get transferred over to the reserve.
No time frame for election of directors was given and no satisfactory answer to why we are paying for Director Insurance when we have no directors was forth coming other than we do it.
The input from the two original steering group members was virtually non-existent and limited to the orchard and minor gardening issues. The parking issue at the end of the estate next to the flats is still on going, Leigh said he would speak to the council about road signage and traffic calming on Brookhouse lane.
Leigh was asked to chase Joanne about the service strip tarmacking, Leigh said she was doing after the Road adoption yet earlier he said the road was adopted, therefore contradicting he earlier ascertains.
Meeting lasted 1:49:22
View point by B Baxter
This meeting did not address any of the main concerns effecting Bath Vale, it was nothing more than a charm offensive with a myriad off excuses, such as I was not here when this happened it was not my responsibility, your one and only director did not have the courtesy to attend and sent an inaccurate cheat sheet for Leigh Pemberton to use, non of the explanations added up and in some cases were down right erroneous, AFP and Joanne Morrison were trying to take the credit for solutions that were not there’s and were acted on by other concerned residents, the promises made were a rehash of the repeated promises over the last four years to the steering group, who’s two remaining original members were virtually silent until the orchard was raised as a topic, no challenge was made from either of them about the accounts and the total lack of transparency.
This observer believes this meeting only took place because AFP was being challenge externally of the Steering Group which is appointed by AFP so they can control the narrative, a dozen years have elapsed since the start of Bath Vale and nothing has been resolved.
The accounts are erroneous, works promised have never been done, planning permission has not been adhered to, large costs are being manoeuvred over to the residents for after election of directors, and the road adoption would not happened if our local MP had not helped out. Nothing I heard on Monday 7th November from AFP, gives hope that our Fleece hold situation is likely to improve or be resolved.
Brett