- This topic has 2 replies, 3 voices, and was last updated 1 month ago by .
Apart from the various statutory motions required in an agenda for general meetings detailed in Schedule One of the Act, it is further stated in Part 2, 4 (1) that “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.”
On a number of occasions at general meetings of my owners’ corporation, the secretary has written motions that were submitted by “the Committee”. Given Section 4 (1) above, I do not believe this is in order.
Research has revealed the following statement by an unknown author but I believe it clarifies the position admirably.
Just would like to mention that the committee can’t put forward motions. I know that might come as a surprise to many but there is no authority in the Act for the committee to do so. The Act creates a ‘class’ of person who can submit motions and typically in statutory interpretation if the statute creates a class it is to the exclusion of other classes.
There are other issues surrounding the concept the committee can include motions such as it creates an avenue for otherwise non entitled persons to get a motion on an agenda but the bottom line is there is no authority for the Strata Committee to put motions on an agenda.
My question of you therefore, Jimmy, is:
Can “the Committee” submit motion(s) for the Agenda for general meetings?
- This topic was modified 1 month ago by .
- You must be logged in to reply to this topic.