- This topic has 2 replies, 2 voices, and was last updated 10 years, 1 month ago by .
-
Topic
-
This topic does not specifically relate to the NSW SSM Act (apart from limitations on what can be voted on, so far as I can see), but instead relates to the actual meeting procedures, listed motions, and the implications of the voting procedures being properly (or not) followed.
Our Strata Manager has contradicted himself in writing and advice on what is accurate would be appreciated if anyone has a good knowledge of the topic your input would be appreciated.
I am advised “Roberts Rules” are the most likely to cover Meeting procedures best.
We have been told that:
1) Where a motion refers to a document attached to the Agenda (eg a new S/Mgt Agreement) but which is not actually attached is:
a) “Out of order and cannot” & “should not be put” and
b) While the motion was not put is considered “defeated”.
Which, do you consider is correct.
2) Where a motion was discussed and it was agreed to “defer the Motion to the next AGM pending further information” . (No amendment to this effect was actually proposed)
a) Is the deferment (postponing) of the motion by the meeting valid. (based on it being formalised or notes to the motion in the minutes?)
b) Are S/Manager claims that a motion cannot be deferred can only be passed or defeated correct.
Which, do you consider is correct.
We want the Minutes to be accurate and correct, and want to make sure they are not disputable.
Your input would be valued.
-
Replies
-
OK, first of all, although you can use Roberts Rules as a guideline, they only really apply if at some point your Owners Corp has agreed to use them for committee meetings.
This brings me to one of my old hobby-horses, that there should be standing orders, designed for strata committees, that Owners Corps can take off-the-shelf so ECs can adopt them for meeting procedures.
On this question specifically, in the absence of agreed procedures or legal requirements, there are three options open to general meetings; approve, deny or rule out of order.
The Chair can rule a motion out of order if it conflicts with strata law, by-laws or would be illegal or unenforceable (see Part 1, Division 1, Section 14 of the SSMA, below). The question of deferment is moot. Anything can be considered at the next AGM provided it is on the agenda.
A more reliable motion would be an amendment to consider the issue at the next EGM or AGM or even to convene an EGM specifically for that purpose.
The key to this is that the owners have been asked to consider a proposal which should have been attached to the agenda but which wasn’t. Whether you apply Roberts Rules or Murphy’s Law, if it was passed, anyone who objected could go to NCAT and ask for orders rescinding the decision and, even in the lucky dip of the tribunal, they would probably succeed.
For that reason if no other, if I were chair, I would have firstly ruled the motion out of order and secondly, gone looking for retribution against the person who didn’t put the contract out with the agenda. If the strata managers were at fault, I would be asking them to pay for an EGM or face having their contract torn up for simple incompetence (with a hint of dodginess).
If it was the secretary of the EC, I would be asking them and their colleagues on the EC to consider whether they were the best person for the job.
Rhe second part of section 3
14 Motions out of order
The chairperson at a general meeting of an owners corporation 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 or would otherwise be unlawful or unenforceable, or
(b) except in relation to a motion to amend a motion, clause 35 (3) has not been complied with in relation to the motion.
35 Forms of motions
(3) A motion must not be submitted at a general meeting unless notice of the motion has been given … or [it] is a motion to amend a motion of which notice has so been given.
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.