› Flat Chat Strata Forum › Strata Committees › Should names be attributed to AGM agenda items. › Current Page
I am not familiar with the ACT law, but for NSW and generally the rules are:
– any owner can request that a motion be included on the agenda – generally you forward that to the strata manager for inclusion on the agenda. Provided you do that within the requisite time it should be included on the agenda.
– it is not up to the EC to decide if a motion should be included on the agenda. I believe that ECs often think that they have a power of veto, but they don’t – the owners collectively do, by way of consideration at the relevant meeting.
– there is no requirement for a motion to be seconded – why should there be? A motion succeeds or fails on its merits.
More generally – a motion may be ultra vires, or poorly worded, or just not possible. That is a matter that can either be raised at the time an owner submits it to the strata manager, or if they insist on proceeding, at the meeting. If the motion is ultra vires or otherwise legally impossible, then it can’t be approved. Even if it is approved it will have no effect. If it is poorly worded or unclear then it can either be amended at the meeting (within limits) or the owners can simply not approve it for that reason.
In terms of putting a name to a proposed motion of course the person should be identified, if it is not coming from the EC. The way we do it is we identify the specific motion as being proposed by the owner of Lot X, and in that way it is distinguished from the standard motions and others that may have been included by the EC,who otherwise stand in the shoes of the OC. That is standard procedure for all types of meetings – if someone wants to put a motion up then surely they want to stand behind it.