#25259
Jimmy-T
Keymaster

    OK, first of all, although you can use Roberts Rules as a guideline, they only really apply if at some point your Owners Corp has agreed to use them for committee meetings.

    This brings me to one of my old hobby-horses, that there should be standing orders, designed for strata committees,  that Owners Corps can take off-the-shelf so ECs can adopt them for meeting procedures. 

    On this question specifically, in the absence of agreed procedures or legal requirements, there are three options open to general meetings; approve, deny or rule out of order.

    The Chair can rule a motion out of order if it conflicts with strata law, by-laws or would be illegal or unenforceable (see Part 1, Division 1, Section 14 of the SSMA, below).  The question of deferment is moot.  Anything can be considered at the next AGM provided it is on the agenda.  

    A more reliable motion would be an amendment to consider the issue at the next EGM or AGM or even to convene an EGM specifically for that purpose.

    The key to this is that the owners have been asked to consider a proposal which should have been attached to the agenda but which wasn’t. Whether you apply Roberts Rules or Murphy’s Law, if it was passed, anyone who objected could go to NCAT and ask for orders rescinding the decision and, even in the lucky dip of the tribunal, they would probably succeed.

    For that reason if no other, if I were chair, I would have firstly ruled the motion out of order and secondly, gone looking for retribution against the person who didn’t put the contract out with the agenda.  If the strata managers were at fault, I would be asking them to pay for an EGM or face having their contract torn up for simple incompetence (with a hint of dodginess).

    If it was the secretary of the EC, I would be asking them and their colleagues on the EC to consider whether they were the best person for the job.

    Rhe second part of section 3 

    14   Motions out of order

    The chairperson at a general meeting of an owners corporation 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 or would otherwise be unlawful or unenforceable, or

    (b)  except in relation to a motion to amend a motion, clause 35 (3) has not been complied with in relation to the motion.

    35 Forms of motions 

    (3)  A motion must not be submitted at a general meeting unless notice of the motion has been given … or [it] is a motion to amend a motion of which notice has so been given.

    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.