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We will be away for the next scheduled AGM but would like answers to some questions about SC decisions.
We would like to pose several questions to various members of the SC.
Do we have the right to submit questions with notice for particular SC members and have them attached to the agenda for the AGM?
Is there a limit to the number of questions we can ask?
We thought that we might distribute background information about the issues to the other members of the community before we went away so that the answers given to our questions can be understood.
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I’d think you should be asking the questions in advance and indicating the date you require the answers back by, then knowing the answers and if still seeking change put in a Motion (so you have it presented exactly in words to your liking) to be voted on at the AGM, and if doing that add in the gist of the conversations questions answers as Supporting Information that attaches to the motion to help things make more persuasive sense.
I’d just ask your questions now. You don’t need to wait for a general meeting. You can ask your committee a question any time.
If you don’t like their answer and if the matter can be put in the form of a motion then you could do that. Most meeting rules would require that you give notice so it can be included in the meeting papers distributed with the notice of the meeting. Your motion should be seconded by someone, ideally someone you have appointed as your proxy for the meeting.
If it really is a matter for discussion only, then I think your proxy has to be ready to speak on the matter. Our AGM agenda routinely has an ‘Other Business’ item which is divided into two parts, 1) Discussion of matters notified to the managing agent before (some date), and 2) Discussion of any other matters, if time permits.
I.e. The chair can exercise some discretion about whether to allow the meeting to hear someone raising a matter that was not notified but any notified matter gets a hearing. NB. ‘Other Business’ should only be discussion. At most the minutes might record that the ‘mood of the meeting largely supported (some view)’. This is because the meeting can only pass resolutions on notified motions.
There are a few ways you could present this. One would be to present a motion that the Owners Corporation agrees to a specific action for reasons given in an attachment.
Or you could a motion of censure, with accompanying material explaining why you think committee members should be required to explain their actions.
Another would be a “please explain” – which is procedurally trickier but doesn’t have the negative implications of a censure motion. This unconventional ploy might only result in the chair ruling it out of order.
Normally, you would place a motion on the agenda that allowed you to open the topic for discussion and you’d make your points at the meeting.
Given that you will be away, your most effective tactic would be to have a proxy raise the issues – and that could even be a strata lawyer or other spokesperson hired to attend on your behalf.
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@Stratademocrats said:
We don’t have any motions that we want to be voted on.A motion could be along the lines of: ‘That the executive committee, by (some date), must provide owners with a written account of the reasons for its decision to do X, addressing each of the concerns raised in the attached background paper.’
A motion can only be that some body does some thing. The above suggestion would compel the committee to do the thing you apparently want, which is an explanation.