Back to Basics: ‘Submitting motions in strata.’
At SSKB, we believe education is key when it comes to strata title living. We believe in assisting lot owners to ensure their strata experience is as positive and rewarding as possible. Part of this process is providing clarification of founding principles and offering a simplified break down of guiding legislation.
This article will look at the concept of ‘submitting motions for a body corporate meeting’. The following information refers to the Body Corporate and Community Management Act 1997 and the Body Corporate and Community Management (standard module) Regulation 2008.
Please note that legislation does vary per state and the best way to be certain of facts relating to your unique situation is to contact your community manager.
Who can and cannot make decisions on behalf of a body corporate?
Most decisions are made on a day-to-day basis by the committee. The general duties of the committee members include:
Certain matters are beyond the power of the committee, and appropriate for consideration only at a general meeting. These matters should be submitted to the body corporate as a motion for inclusion in the agenda for the next general meeting. So long as the motion is submitted in the appropriate manner you have a statutory right to have it included in the agenda. Having the committee understand and action your matter is the most effective method for achieving your goal.
Drafting a motion:
The following information is sourced from The QLD department of Justice:
Motions should be written so that owners can respond with a simple yes or no vote. The action the committee is expected to take to implement the resolution should be clearly set out in the motion.
For example, instead of proposing that ‘the committee investigate ways of fixing the roof’, you should propose that owners ‘accept the attached quotation from AAA Engineers to report on alternative methods and costing for fixing the roof’.
Motions you put forward should follow the CLEAR guidelines: Concise, Legal, Economic, Action-based and Realistic. Full break down of CLEAR here.
At a committee meeting a motion is passed if the majority of voting members present and entitled to vote are in favour of the motion.
Tips for drafting a motion:
For more on Submitting motions visit Living in Strata