• Creator
    Topic
  • #11965

    Our Agenda for the next AGM has a proposal for voting with an unnamed proposer (blank) and the Stata Manager told the Chairman he put it in. Is is a valid  proposal?

Viewing 3 replies - 1 through 3 (of 3 total)
  • Author
    Replies
  • #30596
    scotlandxscotlandx
    Strataguru

    No it doesn’t – there is no requirement in the Act to give notice to the owners re putting a motion. Bear in mind that an owner can submit a request for a motion to be included in the agenda for the next general meeting at any time.

    #30595

    Thank you Jimmy T for your comments 

    AGM papers were sent out by our Strata Manager 13 days before the the AGM meeting with motions set out.

    The issue is no notice period was provided to allow owners (40) the opportunity to add motions to the written agenda. Does this make the meeting invalid?

    #30592
    Jimmy-TJimmy-T
    Keymaster

    I don’t think technically a motion can be proposed without the proposer being identified and, unless the strata manager is an owner, they shouldn’t be proposing motions. (see extract form Schedule 1, Part 2, 4 below).

    However, there’s nothing wrong with the chair putting their name to a procedural motion that has been proposed by an interested party.  On the other hand, the chair could rule the motion out of order if it doesn’t have an owner’s name on it.

    4   Inclusion of matters on agenda

    (1)  Any owner, or any person entitled to vote at a general meeting of an owners corporation, may require a motion to be included in the agenda of the next general meeting of the owners corporation.

    (2)  The requirement is to be made by written notice given to the secretary of the owners corporation that:

    (a)  sets out the required motion, and

    (b)  states the name of the person making the requirement, and

    (c)  includes an explanation of the motion of not more than 300 words in length.

Viewing 3 replies - 1 through 3 (of 3 total)
  • You must be logged in to reply to this topic.