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Thanks for that advice Jimmy re the more specific motion we should put forward. Unfortunately that may now need to be our second attempt if required as the time required to lodge this motion before the AGM has lapsed.
At this stage, our AGM next month will carry a motion asking the OC to ban fishing from the pool enclosure and, if passed by the required number of votes, be added to our by-laws. A change to By-laws would require the vote to be at least 75%, based on lot entitlements.
We understand that the meeting chairperson has been advised to rule the motion out of order at the meeting.
Our understanding of the Act is that he can do so if 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, any requirement of this Act to include the form of the motion in the notice of the meeting has not been complied with”. (SSMA, Schedule 1, Section 19).
Our questions are:
- Is the chairman obliged to explain the decision at the meeting?
- What options do we have at the meeting for recording dissent, should the chair rule the motion out of order?
- What options, following the meeting, are open to the OC or individual owners to have that decision reviewed by a higher authority?