Re: Motions , resolutions and minutes

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04/05/2017 at 4:11 pm #26964
Sir Humphrey
Strataguru

    My suggestions about putting the motion with a seconder applies anywhere as standard meeting procedure but I don’t think it is set down in strata-specific legislation anywhere. Some OCs might have adopted a set of meeting procedure rules. Ours adopted a particular well-known textbook on meeting law and conventions to be the rules for our meetings. 

    I would send the text of your motion signed by you as the proposer and signed by another owner explicitly as the seconder. ie. Type: “Seconded – Josephine Bloggs (lot no. XX)” and have them sign next to that. The seconder could be the person who appointed you as their proxy. If your motion requires some background or explanation about why it should be supported you could also provide the text of a background paper for inclusion in the meeting papers. 

    The text I am consulting (Joske’s Law and Procedure at Meetings in Australia 11th Ed.) says in its strata section: “In New South Wales, members have a statutory right to place a matter on the agenda for a meeting to be summoned.” I am not sure what that means. Perhaps the Strata Act says your motion can’t be refused if given to the committee in sufficient time to be put on the agenda?

    Here is some more advice from Joske:

    “Motions and amendments should not be vague or ambiguous;2 they should be couched in precise and definite language and should comply with any regulations as to form and notice; otherwise the chair should refuse to allow them to be put. In particular, a motion should be affirmative in form. Certain provisions are frequently found in rules and bylaws governing the form of motions that are acceptable… Where a motion has been seconded, it cannot be withdrawn without the seconder’s permission.3 Subject to the rules of a body, a resolution may be put to a meeting by the chair even if it has not been otherwise proposed or seconded.4 The chair may, however, exercise discretion to refuse to put a motion that has not been seconded. The decision to second a motion does not imply that the seconder supports the motion. A member who believes that the meeting should consider the matter may second a motion in order that the meeting can reject it.5

    Before the motion is stated for the meeting by the chair, another member may suggest a modification to the motion. If the member proposing the motion accepts the modification, it takes the modified form. In these circumstances, the member suggesting the modification is taken to have seconded the motion.“

     

    In general, a chair can refuse to put a motion if it is ‘out of order’. A motion would be out of order if it asks the meeting to resolve something that is beyond the power of the owners corporation to decide – you cannot decide to permit something that is illegal or decide a matter that can only be decided by the local council or state government. The chair might also refuse to put a motion that is poorly worded so it would not be clear what had been resolved. However, some unfortunately ambiguous wording could be fixed at the meeting by first resolving to amend the motion. 

    “It is the chair’s duty to put motions and amendments to the vote and thus to ascertain the sense of the meeting. The chair is not entitled to rule a motion out of order if it is within the competence of the meeting and all the conditions incidental to submitting the matter to the meeting have been observed.13

    For the purposeof ascertaining the meeting’s sense, the chair has the power to rule on the forms of the motion and any amendments, on the conduct of the debate and on the manner of taking the vote. If the individual in the chair is a member of the assembly, the individual has the right to speak in the debate and to vote on any motion. However, the necessity of maintaining impartiality in order to ascertain the intention of the meeting suggests that the chair should refrain from speaking in the debate and from voting, except in a poll. If the person in the chair wishes to take part in the debate it is appropriate to surrender the chair temporarily.“

    “Even if a motion has been properly notified, moved and seconded, there may be circumstances in which it is desirable that the motion should not be put to the vote. This may be because the question is one that for some reason should not be considered by the meeting, for example if debate has indicated that further information is needed; if other business is more pressing; or if one or more members believe that the meeting is likely to reach an unacceptable conclusion. Members may deal with the first situation by moving an objection to consideration of the question.

    Depending on the circumstances, the fact that the meeting’s deliberations have not yet reached a point of decision can be dealt with by postponing the matter to a specified time, causing the matter to lie on the table, or referring it to a committee. The matter may also be postponed indefinitely. The meeting may resolve to proceed to the next business or that the previous question should not now be put.”