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Schedule 2 of the NSW Strata Schemes Management Act prescribes procedures for committee meetings. Paragraph 7 simply says “The notice of a meeting must include a detailed agenda for the meeting.” While that might sound strict, it’s considerably more flexible than general meetings, for which all motions must be set out in the notice-paper.
As chair of a plan, I think paragraph 7 means what it says. I think that an agenda item “the condition of the building and grounds” is not detailed and would not comply with paragraph 7. I think that agenda items should be detailed, e.g. “Repainting the stairwell” or “Insurance renewal” or “Noisy parties in lot 9”.
The intention presumably is to ensure that everyone, including lot 9, can be aware of the event and observe the meeting to see what happens
What should I tell a committee member who wants an agenda item: That the strata committee discuss any further items of business that attendees wish to raise at the meeting and resolve how those will be dealt with at a later meeting (noting that depending on the nature of the item, it may not be able to be resolved at the meeting)
I reckon that’s not detailed and it allows items to be discussed without notice. (And it’s expressed as a motion – why?).
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What should I tell a committee member who wants an agenda item: That the strata committee discuss any further items of business that attendees wish to raise at the meeting and resolve how those will be dealt with at a later meeting (noting that depending on the nature of the item, it may not be able to be resolved at the meeting)
Clearly someone is trying to get round the fact that you can’t discuss anything that’s not on the agenda when you can’t have “any other business” as an agenda item. This person’s mistake is to include a motion with the word “resolve” in it.
There’s nothing wrong with having a general discussion after the end of the meeting provided no vote is taken.
A competent motion might be “This meeting agrees to hold a discussion following the end of the meeting, open to all residents, during which items for future meetings can be canvassed although no vote will be taken.”
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.
When framing motions I keep these things in mind.
I generally will start with “ That the committee resolves to….”
Then there is a clause or clauses that describe what is being resolved. Remember that a clause contains a noun and a verb. It’s the verb part which is important as it describes the action.
In you example. “ That the committee resolved that the Strata Manager will Write to the resident of lot 9 asking to refrain from noisy parties after 9pm” ( or some suitable wording)
Remember that a motion can be amended at the meeting by a vote.
But without a suitably worded motion, how does anyone,committee or owner, know what the outcome one is voting on.
Also, having properly worded motions forces people to think about what they want to happen. It reduces meetings from talk fests and turns them into decision making meetings.
And as JT said, there can be discussion at the end of the meeting.
I usually minute the discussion for the record, and if there something that requires a resolution, place it on the next meeting notice.
Again this is good meeting practice as it forces the committee to be planning ahead, for the current meeting, knowing that a motion not on the agenda will be pushed out to the next meeting.
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