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  • #7970
    Anonymous

      We're in the process of rebuilding our scheme's front entry area. This will involve the loss of a small storeroom that is currently used by tradespeople from time to time. When the idea was first floated, the loss of the store room was overlooked. Our AGM is coming up, and I suggested we add a motion to install a small garden shed to be located in an unused concreted area on the property. This would act as a replacement storeroom.

      The current treasurer and secretary are completely against the overall project (rebuilding the entry) and are actually going to raise a motion to rescind it at the AGM. Furthermore, in relation to the garden shed, today I received an instruction from the treasurer in order to have this as an agenda item.

      She is telling me that before they can put it on the agenda, they need me to get “at least 2 quotes, and allowing for an engineers report, and all the special drainage required etc..”, furthermore, I will need to have all this to her by next week for it to make the agenda – and she knows I'm about to head off to Queensland for a holiday.

      I find these demands completely unreasonable. I'm just talking a 1.5 x 1.5 shed you can buy from Bunnings for $450. I've estimated $1000 including installation, but apparently that's not good enough for the agenda.

      I can't help but feel that she's putting up hoops for people to jump through if they propose anything she doesn't like.  I've seen her make these type of demands on other people who put forward proposals as well. Is this right? Can they stop other owners from adding reasonable items onto the agenda?

      Thanks.

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    • #14928
      Whale
      Flatchatter

        First of all, whilst the wording of Motions on the Agenda for your AGM may be amended so long as their intent is not altered, they can’t simply be rescinded; the Meeting must resolve each Motion in the affirmative or otherwise.

        Your Secretary is asking you to take on her role or that of your Strata Manager by expecting you to obtain quotes.

        Why not just reword your Agenda Item to something like “That competitive quotes be obtained for the purchase and installation of ……., and that the installation should then proceed provided the total costs do not exceed $……..”  ?

        #14929
        scotlandx
        Strataguru

          You are entitled to put up any motion you like for consideration and voting at the AGM.  So the answer is no – the Secretary cannot refuse to put a motion on the agenda, and whether or not it is reasonable is not relevant. You could put up a motion to paint the building pink if you wanted to – whether or not it would be passed is a separate issue.  Refer para 36 of Schedule 2 of the Act set out below. 

          It is then up to those attending at the meeting to discuss and vote on it.  So draft a requisition for motion and send it to the secretary and tell them that you expect it to be included as required under the Act.  You could draft it as the approval being subject to obtaining satisfactory quotes and any necessary reports, to be signed off by the EC, i.e. delegating final approval to the EC.

          36 Requisition for motion to be included on agenda for general meeting

          (1) Any person entitled to vote at a general meeting of an owners corporation on a motion that does not require a unanimous resolution may, by notice in writing served on the secretary of the executive committee, require inclusion in the agenda of the next general meeting of the owners corporation of a motion set out in the notice and the secretary must comply with the notice.

          (2) The secretary must give effect to the requirement of the notice.

          (3) Subclause (1) does not require the inclusion of a motion on the agenda of a general meeting for which notices have already been given in accordance with this Schedule but in that case the motion must be included in the agenda of the next general meeting after that.

           

           

           

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