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Excessive Motions submitted by Owner
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kezza111
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02/11/2017 - 11:23 pm
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An owner has submitted 24 motions along with a 300 word explanation for each motion to be included in the agenda.

Most of these motions are statements only..no definite action to be taken/no time frames/no quotes obtained/not clear enough to make a yes or no decision and requires additional action after the motion is decided upon.

For example "that the OC is to only accept licence painters quotes to paint the external timber facade."

I understand that as Secretary I have to list all 24 Motions on the EGM Agenda, but as chair surely I can either declare these motions as unsatisfactory/improper/poorly worded or out of order rather than tediously go through every single one and have the motion not passed.

What if I accidently left off a couple of these motions on the agenda? Motion matter duplicated.

Is it complusory to include every 300 word explanation in the agenda?

The owners meeting time should be utilised better than this.

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scotlandx
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03/11/2017 - 12:51 pm
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You don’t have to put them on the agenda unless they are resolutions.  If you are challenged, ask the owner what the outcome of a vote would be on that item.  If it is just a statement, don’t include it.

You can also weed a number out by saying they are a matter for the Committee.

In relation to items such as licensed tradesmen, that is a general requirement anyway, so bump that one off.

If any are left, attach the tedious explanations as a separate document.

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Sir Humphrey
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06/11/2017 - 9:32 am
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Has notice of the meeting already been distributed, with an agenda? If these are new motions and there would be insufficient time to issue a new notice with revised agenda and proxy/absentee voting form, then they can all be bumped off. 

If the person complains, tell them that they should have known that this year's AGM would be held approximately a year after the last one and they could have submitted their proposed motions at any time without waiting till the meeting notice and agenda had already be distributed. 

The agenda might include a final "Discussion of any other matters". It should not include an open ended "Any other business" which might suggest that anyone could put a motion without notice. That would be improper and the chair should not allow it. The point of a meeting notice with an agenda is that people should be able to see whether there are motions for resolutions on matters they care about and would wish to vote on. Allowing matters to be decided without notice or shorter notice than the Act requires is improper (The exception is procedural motions such as to wrap up a long-winded debate and have a motion put.).

The chair might decide, if time permits, to allow discussion of the matters this owner wants to raise but no resolutions.  Then, the incoming committee, which will have just been elected, will be able to take note of the mood of the meeting on the various matters and that might influence their decisions through the coming year. 

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Puddn
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07/11/2017 - 10:44 am
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We have a similar situation - but with only 12 motions not hundreds!

As Secretary, rather than enter into a dispute about their validity, I have added all the motions to the agenda, along with the statement that they were 'Requisitioned by ........'.

Without exception, all the proposed motions are either unlawful, enforceable or are not in a form of a motion - so they can be declared 'out of order' by the Chair (SSMA s19) and not therefore no vote will be taken. 

Our agenda is now 75 pages long without attachments (? another 70 odd pages).

Hopefully, this particular lot owner will be discouraged from pulling that prank again.

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Sir Humphrey
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08/11/2017 - 9:26 am
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I would have said "proposed by..." rather than "requisitioned by..." but that is just being pedantic. However, that leads to a question. Have these motions been 'seconded'? 

The point of having a proposer and a seconder is to test whether there is at least one other person who wishes to see the motion debated and put to a vote. The chair could also dismiss the motions if nobody seconds them. This is a standard meeting procedure to prevent time-wasting on matters that concern only one person. 

Note that a 'seconder' is not obliged to support the motion. It is possible to second simply because you think it is better that the matter is debated and voted on, if only to see the proposal defeated resoundingly and put to bed. 

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Lady Penelope
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08/11/2017 - 10:10 am
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SH - There is no requirement for a seconder when submitting Motions to a General Meeting in NSW. This possibly explains why some of them are so poorly written etc.

The following extract is from the http://www.fairtrading.nsw.gov...../ft045.pdf

"Anyone who is entitled to vote at a general
meeting can ask for a motion to be put to a
general meeting. Written notice must be given
to the secretary who must put the motion on the
agenda for the next general meeting. The written
notice must:
• set out the motion
• name the owner who made it
• have an explanatory note of up to 300 words."

Without infringing on the owners right to submit a Motion, perhaps the committee could organise to have an informal chat to the submitter of the numerous Motions. The submitter obviously is unhappy and 'fired up'  about certain things and many of these Motions may be able to be sorted out in another way.

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Puddn
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08/11/2017 - 10:49 am
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SH - the term 'requisitioned by' has been standardly used by all our strata managers for years - but I confess I have never questioned the term. We are in NSW.

LP - Generally, I would agree with your last comments above. In our case, we are dealing with a very toxic person who has given our committee grief for years. All attempts to resolve his issues have failed.

So, we have given up and are now working towards having this particular person formerly identified as vexatious - whilst still addressing his concerns through the proper channels. 

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Sir Humphrey
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10/11/2017 - 8:29 pm
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I was unaware NSW was so prescriptive about meeting procedures. The ACT act provides far less guidance, leaving us to follow generally accepted meeting practices such as proposing and seconding etc. 

The quote from LP seems unambiguous with plenty of 'musts'.

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