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Apart from the various statutory motions required in an agenda for general meetings detailed in Schedule One of the Act, it is further stated in Part 2, 4 (1) that “Any owner, or any person entitled to vote at a general meeting of an owners corporation, may require a motion to be included in the agenda of the next general meeting of the owners corporation.”
On a number of occasions at general meetings of my owners’ corporation, the secretary has written motions that were submitted by “the Committee”. Given Section 4 (1) above, I do not believe this is in order.
Research has revealed the following statement by an unknown author but I believe it clarifies the position admirably.
Just would like to mention that the committee can’t put forward motions. I know that might come as a surprise to many but there is no authority in the Act for the committee to do so. The Act creates a ‘class’ of person who can submit motions and typically in statutory interpretation if the statute creates a class it is to the exclusion of other classes.
There are other issues surrounding the concept the committee can include motions such as it creates an avenue for otherwise non entitled persons to get a motion on an agenda but the bottom line is there is no authority for the Strata Committee to put motions on an agenda.
My question of you therefore, Jimmy, is:
Can “the Committee” submit motion(s) for the Agenda for general meetings?
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Section 4 of Schedule 1 is permissive, i.e. it allows an owner to submit a motion to be included on the agenda for a general meeting. This does not create a class, it just gives owners the avenue for inclusion of a motion.
There is nothing in the Schedule or the Act that prevents the Committee from including motions on the agenda. If it were the case that the Committee could not determine agenda items for a general meeting, there would be a lot of invalid resolutions, or rather short agendas.
Note section 36 sets out the two types of decision that cannot be made by the Committee.
My question of you therefore, Jimmy, is: Can “the Committee” submit motion(s) for the Agenda for general meetings?
Notwithstanding ScotlandX’s comprehensive response, the simple solution for all schemes would be for committee motions to be proposed by the secretary, who is a person.
I can see how, theoretically, a committee dominated by non-owners – your “otherwise non-entitled persons” – might push motions through. But if that’s a problem, the owners should stop electing non-owners to their committees, certainly when they might form a majority.
This all sounds a bit bush-lawyery and hypothetical to me. Are there any real life examples?
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.
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