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01/11/2016 at 8:56 pm
#25697
“Neither a motion nor an amendment should go beyond the terms of the notice calling the meeting”
“A meeting cannot travel outside the scope of the notice relating to it… The meeting is competent to consider amendments to motions of which notice has been given, but the amendment must be such that it comes within the scope of the notified business.”
Procedural motions are OK. Eg. a motion to put a matter to the vote if discussion has been going on long enough.
Quotes above are from ‘Joske’s Law and Procedure of Meetings in Australia’
The last item on our meeting notices have:
“x. Other Business
a) Discussion of other matters notified to the managing agent 7 days before the meeting.
b) Discussion of further matters, if time permits.”
At our most recent AGM, an owner notified three motions just over 7 days before the meeting. There was not sufficient time to issue a revised agenda and proxy and absentee voting form. Nor was there sufficient time for the EC to compose and distribute a paper putting its view on the motions.
The chair, correctly, I believe, ruled that the meeting notice allowed discussion of the three matters raised but not voting on the motions. We ended up having quite a bit of fairly heated debate about the chair’s ruling and not much discussion of the merit of the matters being raised.
In the case of matters arising from the previous meeting minutes, I think the chair might allow some brief discussion but, if it looks like going on too long, it should be noted as a topic the meeting could return to under discussion of other business. However, no motion should be voted on. Nonetheless, the newly elected executive committee could take note of the general feeling of the meeting.