@Casuarina said:
Geez, JimmyT. This question is not about solar systems … it is simply whether a new by-law can be proposed at an AGM without having been first recommended by an Executive Committee.
The opening line of your first post:
“I am the secretary of our Owners Corp and wish to introduce a new by-law allowing the EC to approve exclusive use of the roof and other areas for solar panels etc.”
I haven’t read sections 142-144 of the Act but … surely that is satisfied by the unanimous carriage of a motion at an AGM which is then properly recorded in the minutes circulated to all owners?
Why would you think that without reading the Act? I can’t make it any easier for you. Just click on the link provided in my previous post Oh, and your assumption is wrong. The owners affected have to agree to the by-laws in writing.
So, once again: Is it necessary for the EC to propose a change in by-laws or can the Secretary (or any other owner) put forward a draft resolution to be added to the next AGM agenda?
And if this is OK, what is the notice period for having a draft resolution included in the AGM agenda?
Anyone can propose anything at an AGM. The law only requires you to have to have the motions in before the agenda is issued. Common sense dictates that you would allow five working days for the agenda and other papers to be complied for the AGM.