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Topic
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A fact sheet entitled Meetings of the Owners Corporation on the NSW Fair Trading website says “Only motions on the agenda for a meeting can be voted on.”
It seems that the sheet is talking about ALL types of meetings – AGMs, GMs and Strata Comittee Meetings.
Is there a section from the Strata Management Act or the Regulations that says this? Otherwise, where does the ‘authority’ for this statment come from?
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There isn’t a specific section that says this, however by operation of the law you must include a proposed motion on any notice of meeting. For example the Act provides that one third of the owners by unit entitlement can give notice of objection to a proposed motion of a strata committee meeting, and any decision on that motion will have no effect.
More generally, the purpose of a notice is to give notice of proposed motions. If a motion isn’t on the agenda, no notice has been given, so how would absent owners know?
I agree. It is improper to put a motion to any sort of meeting if it was not included on the meeting notice. The exceptions are 1) procedural motions – Eg. you can propose ‘that the motion be put’ if you think debate has been going long enough, all the points of argument have been aired and it is time to be getting on, and 2) motions to amend a motion. Motions to amend should only be accepted by the chair if they are within the scope of the original motion and don’t alter its nature.
By the way there is no procedural difference between an AGM and a GM, they are both general meetings. It’s just that an AGM must include certain motions.