#55252
Jimmy-T
Keymaster

    Any motion on the agenda can be moved by anyone entitled to vote at a general meeting but unless an eligible person actually does it can not be put to the vote.

    Bush-lawyering alert!!!

    Any person who is an owner can place a motion on the agenda. The secretary or chair is a person.  Okay, it’s technically possible for a non-owner to be on the committee but I can’t envisage any circumstances under which a non-owner on a committee could put a motion on the agenda.

    Section 14.1 of Schedule 1 of the Act says:

    A motion put to a meeting… is to be decided according to a majority in number of the votes cast for and against the motion with each person having one vote for each lot in respect of which the person is entitled to vote.

    The assumption there is that any motion on the agenda will be considered unlessunder section 19 the chair rules it out of order:

    19 Chairperson may rule certain motions out of order

    The chairperson at a meeting may rule a motion out of order if–

    (a) the chairperson considers that the motion, if carried, would conflict with this Act or the by-laws of the strata scheme or would otherwise be unlawful or unenforceable, or

    (b) any requirement of this Act to include the form of the motion in the notice of the meeting has not been complied with.

    There’s nothing in the NSW Act about motions requiring a proposer or seconder.

    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.