28/02/2019 at 12:48 pm #36059
Hi, This is about voting, though not in roof context. Trust ok to ask. The generally fair-minded SM says motions I have advanced can’t be used, and that voting on my motions anyway would need to be unanimous. Is that because I am not on the committee I wonder, or can anyone please advise the process for a forthcoming meeting for a motion, or more, from a mere owner? Hope that’s coherent. Many thanks.
28/02/2019 at 1:22 pm #36062
This has been split to a new topic.
There are several questions here.
Any member of an owners corporation is able to propose a motion for a general meeting to decide.
The chair of the meeting could rule that a motion can’t be put for various reasons:
-It might not be worded in a way that is sufficiently precise. Generally a motion has to be a proposal that the owners corporation does some clearly defined thing. Eg. “That the owners corporation purchase a timber garden seat for no more than X dollars and installs it next to the BBQ area.”
-It might be a motion that proposes that the OC do something that it can’t do. Eg. the OC can only act or spend in certain ways set out in the Act. It can’t decide to spend money sponsoring the local football team.
-Certain types of motion require certain notice periods. If the meeting papers have gone out notifying the owners of the meeting with an agenda, it might be too late to add anything. It is not proper for a chair to accept motions when there is insufficient time to notify owners that the matter will be included on the agenda. No motions should be accepted from the floor of the meeting other than procedural motions. The point of giving notice of a meeting with an agenda that won’t have other stuff added at the last minute is so that owners can decide whether to drop what they were planning and attend the meeting or not worry because nothing of concern to them is being proposed.
-If an individual wants to put a motion, they should find somebody to second the motion. If only one person is interested in having a motion put, the chair can dismiss it if nobody will second the motion. Seconding a motion is only to demonstrate that at least two people think the proposal should be discussed and voted on. One might second a motion that one then votes against just because one thinks the matter should be ventilated and put to bed once and for all. Motions put by the executive committee are presumed to be seconded because a majority of the committee agreed to them being on the agenda sent out with the meeting notice.
-Some classes of motion do require an unopposed resolution. Eg. in the ACT, it requires an unopposed resolution to grant a ‘special privilege’ to a unit for exclusive use of an area of common property. However, an expectation that the motion will fail is not a reason to refuse to put the motion to the meeting. [Where I live such motions have been put and failed because a very small fraction of owners opposed but we then sought and received orders from the Tribunal that gave effect to the motions on the grounds that opposition to the motions was unreasonable.]
Without knowing what you propose and the timing, it is hard to know whether the strata manager is advising you correctly or not.
I hope that helps.
28/02/2019 at 2:05 pm #36064
Thanks very much for your helpful tips Sir Humphrey. Shall check all those guidelines out before making a fool of myself again, i-f that is what it is, and I suspect it may be, though optimistically hoping not.
28/02/2019 at 2:45 pm #36066
Sir Humphrey said:
If an individual wants to put a motion, they should find somebody to second the motion. If only one person is interested in having a motion put, the chair can dismiss it if nobody will second the motion.
Not sure if this is the case in NSW.
However, it is true that the chair can dismiss a motion (i.e. not even put it to a vote) if they think it is “incompetent”. However, I believe the motion still has to be on the agenda so everyone can see how and why it has been dismissed.
This is what schedule 1 of the NSW Act says:
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.
(3) The secretary must give effect to the requirement.
(4) However, if the requirement is made after notice has been given of the meeting, the secretary must include the motion in the agenda for the next subsequent meeting.
(5) An owner or a person may make a requirement even if the owner or person cannot vote because the owner is an unfinancial owner.
And there’s this …
19 CHAIRPERSON MAY RULE CERTAIN MOTIONS OUT OF ORDER
The chairperson at a meeting may rule a motion out of order if:
(a) the chairperson considers that the motion, if carried, would conflict with this Act or the by-laws of the strata scheme or would otherwise be unlawful or unenforceable, or
(b) any requirement of this Act to include the form of the motion in the notice of the meeting has not been complied with.
- This reply was modified 2 weeks, 5 days ago by Jimmy-T.
03/03/2019 at 7:57 am #36093
What state are you in? All states differ. In Qld you need to have your Motion in about 2 months before the AGM date (the committee only 1 month) so these can be included in the guff that gets sent out to owners who may not be intending to front at the AGM. Motions need to be concise and essentially a yes or no proposition that is legal to begin with and do-able, there usually is a word limit, but you can add in further guff as Explanatory Information without word limit, including quotes, pictures and what ever else to support your case, and stating your reasons why is probably most important – obviously you have a preferred outcome so focus on highlighting the benefits and go light on the negatives but maybe include a few for more apparent balance (but let opponents do their own homework). Check out your state’s legislation on this, certainly Qld has some good concise info about this online.
I like to send it late in the piece so not ambushed by any committee or others but not too late that you can’t get it reviewed by your bcorp manager who should be agnostic to its content or outcome and advise you if any changes are required to ensure it is acceptable.
Also, tell a few allies of what you are up to and seek their support to help encourage the numbers to go your way. Good luck!
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