#24017
Jimmy-T
Keymaster

    The chair can rule a motion out of order if they consider “the motion, if carried, would conflict with [the] Act or the by-laws or would otherwise be unlawful or unenforceable …”

    Anyone entitled to speak at the meeting could move that they motion be ruled out of order, and I would think a lack of clarity would be one valid reason. 

    A motion that was not clear in its intent or effect would be reasonably considered to be unenforceable since it would be open to different interpretations.

    Other reasons for ruling motions out of order include that they had been proposed by someone who was not entitled to vote, for instance because they were not an owner or their levies weren’t paid up to date.

    Or that it was contrary to strata law – e.g. requiring a special resolution but not having stated that on the agenda. 

    Even if the chair doesn’t rule the motion out of order, requesting that they do puts down a marker for any future action at NCAT to have the motion rescinded.

    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.