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Topic
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The notice for the last EC meeting included an item “to discuss the offer made by the Home Warranty Insurer and determine a course of action”. The minutes then showed a resolution “That the offer from the home warranty insurer be accepted. A motion to discuss the outcome of the claim be placed on the agenda of the AGM”
This was apparently placed on the schemes noticeboard. (I was a non resident owner)
The notice for the subsequent AGM included a motion ” that the owners corporation receive an update on the home warranty insurance claim”. There was no supporting documentation and I did not attend this meeting. I expected to receive the update on this very important financial matter later in writing as part of the minutes.
The AGM minutes then show a resolution ” that the owners corporation accept the offer from the insurer”.
Being a non resident owner the first I knew of the acceptance of the offer was months later when the AGM minutes were mailed out.
- Does it disadvantage non-resident owners?
- What does your SP do to improve communication with lot owners?
- Can an EC accept an insurance offer for the SPs defect claim?
- Can a motion to receive an update morph into something as important as accepting a defect insurance offer?
And yes I will be attending every ECM, AGM and EGM in future!
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Replies
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Jeremy @ Newcastle said:
- Can a motion to receive an update morph into something as important as accepting a defect insurance offer?
“The question the consequently arises is whether, during the meeting, the Chair may accept any amendment to a motion of which notice has been given. The generaly accepted principle is that an amenedment is allowable only if the proposed change is wirthin the scope of the notice which has been given, and accordingly an amendment which materially alters a motion of which notice has been given will often not be accepted.” HORSLEY'S MEETINGS A.D. Lang 4th edition pg 110
Has the amendment materially altered the motion?
If i was voting by proxy then i would have no problem with original motion, it is harmless to pass it, but i would not be so free and easy about the morphed motion. I would want to see the detail.
Had i been chairing the meeting then i would not have accepted the amendment and stated it materially altered the motion from a motion that accepted information to a motion that accepted an offer – these are starkly different decisions. Notice to accept an offer has not been given.
It probably should not have morphed to such a degree.
Hi Jeremy
On the basis of the facts as you have described them, you would be able to set aside the resolution made at the AGM.
The question of course must be asked, is it worthwhile to do so?
My contact details are below if you require any further information.
Finally, I note that you are located in Newcastle. TEYS Lawyers is running a free Strata Apartment “Seminar Children, Leaks, Animals and Parking” on 3 August 2011 in Newcastle. Let me know if you wish to attend and I’ll forward you an invitation.
Regards
Chris KerinPartner – Building Defects02 9562 6500
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