[giri]

@PeterC said:
So what is the issue and how would you like it to be different? By ‘amendment’ do you mean a subtle tweak to the proposal or do you mean change it to something substantially different? If the former, you can propose an amendment from the floor at the AGM.

Amendments are OK and would be allowed at the meeting if they are sufficiently minor. EG. you can’t have an amendment to insert the word ‘not’ and completely negate the intent of the proposal. On the other hand you can move an amendment that does not substantially alter the intent and effect of the motion (IE minor tweaks). For example, let’s say there is a motion to declare the driveway a no stopping zone.  Perhaps what was really meant was a no standing zone if the issue is people who park and block the driveway for hours at a time, not people briefly stopping to let out a passenger. Then an amendment to change ‘stopping’ for ‘standing’ would be OK. 

In all such things it is generally better to talk to the EC and others before the meeting. 

thanks peter. 

The notice of EC meeting on the noticeboard was partially obscured – what i could read said that (basically)

any defects to be investigated by only X. If cause turns out not to be common property, owners have to pay back X’s fee.  if owners disagree, they can seek their own expert’s assessment BUT OC will get a report from X anyway (implication being X’s report rules). X has been hired by OC at quite a high fee in the past but its clear from minutes that several past assessments by him have not been satisfactory. I want an amendment that allows 3 independent reports as an option for owners. a) the motion looks like a closed shop b) the amendment reflects standard practice  c)  it is more open and transparent. 

2 queries

1. Is that a tweak? 

2. previous input by jimmyT advised that if motion was voted on at EC meeting, I couldn’t put an amendment to it at the AGM. 

[giri]

@JimmyT said:

@giri said:

1.  how does one move a valid amendment  to something that was a motion on last ECM meeting? 

You can’t.  The meeting has been and gone.  An amendment to a motion needs to be made when the issue is being discussed. All you can do now is ask someone on the Executive Committee to move a new motion at the next meeting or to challenge the previous meeting’s minutes as a true record (unlikely to succeed).

Thanks – query – How does someone not on the ECM have input into a motion of ECM? Only retrospectively? Only through someone on ECM?

2.  how do I get the amendment to this ECM motion on the agenda of the imminent AGM. 

This would be a new motion to rescind the previous decision at the EC meeting and must be given to the secretary in writing before the agenda of the AGM is sent out.

 

Thanks. Can’t I phrase the new motion as an amendment? sounds more conciliatory. 

3. if the motion is already on the agenda for the imminent AGM, how do I move a valid amendment to it? (not sure if it will be on the agenda of the AGM – i haven’t received the agenda yet).

You can move an amendment at the general meeting provided it doesn’t substantially alter the nature of the motion.  For instance, if there was a motion to ban barbecues, you could move an amendment to make it only a ban on solid fuel  or gas barbecues but not electric ones.  This would be allowed because owners will have had a chance to consider the whole issue.  However, you could not move an amendment to also ban, say, portable air conditioners as owners haven’t had a chance to consider that before the meeting.

There is no need to move a motion to reject a motion that’s on the agenda since rejection is also an option in any vote.  Your problem then is getting enough votes against the motion which means stirring up your fellow owners BEFORE the meeting.  Your chairman will probably come to the meeting with a raft of proxies and you need to have enough owners already in your camp if you want to overturn any motion that’s on the agenda.

Thanks so much for your answer JimmyT. I’m still trying to figure out what to do. I’m new, I don’t live there or even in the city so don’t see others easily. I don’t know what’s on the AGM agenda so if I don’t know if it’s a motion. Would you say that if it was a motion on the notice of EC meeting, it’s not on the AGM? Would i be best to assume that and put it as a new motion?  Can I out it as a new motion rather than rescind the previous? I haven’t been able to get a copy of the last ECM minutes despite requests. The notice of EC meeting on the noticeboard was partially obscured – what i could read said that (basically)

any defects to be investigated by only X. If cause turns out not to be common property, owners have to pay back X’s fee.  if owners disagree, they can seek their own expert’s assessment BUT OC will get a report from X anyway (implication being X’s report rules). X has been hired by OC at quite a high fee in the past but its clear from minutes that several past assessments by him have not been satisfactory. I want an amendment that allows 3 independent reports as an option for owners. a) the motion looks like a closed shop b) the amendment reflects standard practice  c)  it is more open and transparent. 

that seems reasonable to me but things like face saving etc can come into play as well as what;s fair and reasonable. 

[Author]

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