#36062
Sir Humphrey
Strataguru

    This has been split to a new topic.

    There are several questions here.

    Any member of an owners corporation is able to propose a motion for a general meeting to decide.

    The chair of the meeting could rule that a motion can’t be put for various reasons:

    -It might not be worded in a way that is sufficiently precise. Generally a motion has to be a proposal that the owners corporation does some clearly defined thing. Eg. “That the owners corporation purchase a timber garden seat for no more than X dollars and installs it next to the BBQ area.”

    -It might be a motion that proposes that the OC do something that it can’t do. Eg. the OC can only act or spend in certain ways set out in the Act. It can’t decide to spend money sponsoring the local football team.

    -Certain types of motion require certain notice periods. If the meeting papers have gone out notifying the owners of the meeting with an agenda, it might be too late to add anything. It is not proper for a chair to accept motions when there is insufficient time to notify owners that the matter will be included on the agenda. No motions should be accepted from the floor of the meeting other than procedural motions. The point of giving notice of a meeting with an agenda that won’t have other stuff added at the last minute is so that owners can decide whether to drop what they were planning and attend the meeting or not worry because nothing of concern to them is being proposed.

    -If an individual wants to put a motion, they should find somebody to second the motion. If only one person is interested in having a motion put, the chair can dismiss it if nobody will second the motion. Seconding a motion is only to demonstrate that at least two people think the proposal should be discussed and voted on. One might second a motion that one then votes against just because one thinks the matter should be ventilated and put to bed once and for all. Motions put by the executive committee are presumed to be seconded because a majority of the committee agreed to them being on the agenda sent out with the meeting notice.

    -Some classes of motion do require an unopposed resolution. Eg. in the ACT, it requires an unopposed resolution to grant a ‘special privilege’ to a unit for exclusive use of an area of common property. However, an expectation that the motion will fail is not a reason to refuse to put the motion to the meeting. [Where I live such motions have been put and failed because a very small fraction of owners opposed but we then sought and received orders from the Tribunal that gave effect to the motions on the grounds that opposition to the motions was unreasonable.]

     

    Without knowing what you propose and the timing, it is hard to know whether the strata manager is advising you correctly or not.

    I hope that helps.