#50635
Sir Humphrey
Strataguru

    The committee should be setting the agenda or at least making sure that all the items required by statute are there as well as any other agenda items they want and motions notified.

    On ‘Other Business’, I agree that no decisions (ie resolutions) could be made. In any state or territory, a general meeting can only make binding decisions by voting on motions listed on an agenda with the notice of the meeting which must be made a particular way and with minimum number of days of notice.

    I don’t think there is any requirement to have ‘Other Business’ as an agenda item anywhere but I didn’t know NSW had a restriction on even general discussion without it being an explicit agenda item. I always though it good to include so owners could have general discussion. The contents of that general discussion can be minuted to record what was said but it only serves to record ‘the mood of the meeting’ which could help to give the incoming committee some guidance. It can’t include any binding decisions. A committee would probably notice if the meeting was poorly attended except by the mates of someone with an axe to grind and give any comments appropriate weight.

    Where I am we have just by tradition in our particular owners corporation had an agenda item ‘Other Business’, under which there is discussion of 1) matters notified to the chair 7 days before the meeting and 2) any other matters if time permits.

    If someone tried to put a motion for a resolution, rather than simply raise some matter for general discussion by owners, it would be ruled ‘out of order’ by the chair because there was insufficient notice. The strata Acts in various jurisdictions require notice of motions so that you can’t get controversial decisions passed by stacking a meeting with supporters then springing a last minute motion while not giving dissenters enough notice to get to the meeting, appoint a proxy or cast an absentee vote.