#53022
Jimmy-T
Keymaster

    According to this fact sheet, your chairman MUST rule motions out of order on the following grounds:

    Ruling motions out of order

    A motion must be ruled out of order if:

    • the motion, if carried, would conflict with the legislation or the body corporate by-laws
    • the motion, if carried, would conflict with another motion already voted on at the meeting
    • the motion, if carried, would be unlawful or unenforceable for another reason
    • the substance of the motion was not included on the agenda for the meeting.

    The person chairing the meeting must give reasons for ruling a motion out of order, which must be recorded in the minutes. Those who go to the meeting and are entitled to vote may, by ordinary resolution, reverse a ruling.

    The grounds could be that the ruling was unenforceable (due to previous votes and passage of time). You can’t prevent someone from proposing a motion – even when it is believed it will be out of order – but the chair can rule it out of order at the meeting without further discussion.  After that, it’s just a war of attrition to see who gives up first.

    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.