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Hi
We are in QLD and are one of three townhouses. We have a committee member who is always up to something. We have been to the tribunal and have very strict rules laid out on what is body corporate and what is not with regards to retaining walls.
Before this ruling we followed our managers advice on these rules which differ to the tribunal ruling. So in 2016 and 2018 these were different to 2019. This particular owner ordered an EGM to vote on whether the other two units should repay money that was spent on retaining walls and we voted “No” as it was done in good faith with the advice from our managers.
He has then brought this up again in another EGM- he is doing these on a regular basis. The same vote which all owners voted yes to in 2016 and 2018 to have the retaining walls fixed by the body corp and then voted “no” to paying the money back in 2019. Since the tribunal ruling we have paid for our own retaining walls- us and unit 3.
He has ordered another EGM and put in again that we should pay the money back. My question is how many times can he do this?
1. We all voted yes to the BC to pay for the fixing of the retaining walls.
2. We voted No to three years later that owners should pay it back and it is up again in a EGM for two owners to pay back. When does it become out of order?
Thank you
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Replies
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According to this fact sheet, your chairman MUST rule motions out of order on the following grounds:
Ruling motions out of order
A motion must be ruled out of order if:
- the motion, if carried, would conflict with the legislation or the body corporate by-laws
- the motion, if carried, would conflict with another motion already voted on at the meeting
- the motion, if carried, would be unlawful or unenforceable for another reason
- the substance of the motion was not included on the agenda for the meeting.
The person chairing the meeting must give reasons for ruling a motion out of order, which must be recorded in the minutes. Those who go to the meeting and are entitled to vote may, by ordinary resolution, reverse a ruling.
The grounds could be that the ruling was unenforceable (due to previous votes and passage of time). You can’t prevent someone from proposing a motion – even when it is believed it will be out of order – but the chair can rule it out of order at the meeting without further discussion. After that, it’s just a war of attrition to see who gives up first.
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