#51959
Jimmy-T
Keymaster

    Normal meeting procedure includes that a motion proposed by one person should be seconded by another member.

    I’m not sure that seconding applies in NSW strata committee or general meetings (although I have seen it done).

    I’m thinking about Schedule 2 (14) of the Act which says this:

    Only person who may vote can move motion

    A person is not entitled to move a motion unless the person is entitled to vote on the motion.

    So, unless the windows obsessive is on the committee, it’s really quite simple.  The chair asks anyone on the committee if they want to move the motion.  They are greeted with deafening silence and then declares the motion defunct and moves on.

    If the determined owner is on the committee, take a look at  Section 19 (a) of Schedule 1 of the Act (General meeting procedures) and section 15 of Schedule 2 of the Act  (Strata Committee meeting procedures) .

    Under these provisions, the chair can declare a motion incompetent – i.e. not to be discussed or voted on – if its approval would breach a by-law of the scheme.

    The owners corp could pass a by-law instructing the committee not to consider any motion that is substantially similar to two previously rejected motions proposed in the same strata year (between AGMs).

    Thus the chair could reject the motion out of hand because a third or subsequent consideration of the motion would be in breach of the by-laws.

    Even better, adopt (via a by-law), a set of standing orders that would include limits on the number times the same issue could be discussed.  Again, the chair could declare any such motion incompetent because it would be in breach of the “enabling” by-law.

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.