#27359
Lady Penelope
Strataguru

    I would agree with you on Q2 and add that a Chairperson’s use (or abuse) of their discretionary power can always be challenged if it is unreasonable.

    Some Motions are straightforward and require scant explanatory material, others require a great deal of explanation.

    It is well recognized by the Tribunal that: people in strata make mistakes; legislation is complicated; errors are made; and that some degree of leniency can apply. This very much depends on the situation, and the impact of the action (or indeed, the lack of action). 

    Insufficient information was provided about the substance of the Motions or the circumstances surrounding it for us to comment about whether or not the Chairperson should rule the Motion out of order on the basis of the lack of explanatory material.

    NB: It is always advisable to abide by the requirements of the legislation when submitting Motions to avoid the Chairperson’s use of their discretionary power. Unfortunately, not all Chairperson’s decisions are ‘reasonable’ at all times.