Your Legal Rights When the Exco Goes Wrong

Every estate is run by a small group of residents making decisions for everyone else. Most do it honestly and for little reward. Some don’t. When an executive committee (exco) mismanages funds, ignores the estate rules or refuses to account to residents, the problem is usually not that residents have no rights. It is that most residents don’t know what those rights are or where to find them.

Start with the constitution

The estate constitution, sometimes called the bye-laws or estate rules, is the first document to check. It usually sets out how the exco is elected, how long members serve, what it can spend without approval, how meetings are called and how a member can be removed. If you don’t have a copy, ask the secretary for one in writing. Residents who live in an estate are generally entitled to see the rules that govern it.

Ask where the money went

This is the question residents ask most and committees most often avoid. Request the estate’s financial statements, the service charge breakdown and the details of the accounts holding estate funds, in writing. Keep a copy of your request and the date you sent it. A committee that refuses a written request without a clear reason is giving you an answer.

Raise it at the meeting, not the group chat

Decisions made in WhatsApp groups are hard to enforce. Raise concerns at the general or annual general meeting, where they are recorded. If the constitution lets residents call a meeting, follow its requirements exactly, including the number of signatures needed.

Separate bad decisions from wrongdoing

Residents can disagree with an exco without the exco having broken any rule. A contractor you didn’t choose or a fee increase you dislike may be poor judgement, not misconduct. Wrongdoing looks different: spending that can’t be explained, payments to people with a conflict of interest, funds in accounts residents can’t see, or documents that appear altered. Raise these separately. If you mix them with personal grievances, the committee can dismiss the whole complaint.

Get advice before you escalate

If money cannot be accounted for or documents look forged, speak to a lawyer before going public. They can read the constitution with you, tell you what evidence would hold up and advise whether the matter belongs with the estate’s management, the police or a court. If your estate is registered as a company or association, check that registration with the Corporate Affairs Commission (CAC), since its records may be available to you.

In 2020, allegations circulated online that the leadership of 1004 Estate in Victoria Island had mismanaged about ₦8 billion in estate funds. The estate’s lawyer publicly disputed the figure, and the residents’ association described the viral video as misleading. These were contested allegations, not findings, and they show why residents should ask for records in writing before drawing conclusions.

Keep your own record

Keep every notice, receipt, payment and written reply. Store copies somewhere the committee cannot remove them from. Home Access lets estates store their constitution and notices in one place and ask residents to acknowledge them, so there is a record of who was told what.

This is general information, not legal advice. For your estate’s specific situation, speak to a lawyer.

Keep your estate’s documents in one place. Home Access stores estate documents, tracks who has acknowledged them and gives residents a single place to check.