Following an extensive review, the Body Corporate and Community Management (BCCM) regulations were remade on 29 September 2020. They will come into effect on 1 March 2021. As a result one of these changes is in relation to owner motions.
Currently owners can only submit motions to a general meeting. With no provision for owner motions to be addressed at committee meetings. The change is being implemented to provide a mechanism to ensure committees are responsive to owner applications. As well as encouraging owners to participate.
Let’s take a look at the new rights and obligations for both owners and committees.
- New regulation: An owner can submit up to 6 motions per 12-month period. Subsequently the 12-month period will begin on the date that the owner submits their first motion.
What this means for owners: The responsibility is on the owner to manage their 6 motions throughout the 12-month period.
Owners are recommended to be strategic with their motions. Thus if you are considering renovating your property or getting a pet in the next 12 months. It is important to ensure you consider these as part of your 6 motions.
What this means for the committee: The Committee needs to provide an acknowledgement of receipt of the request to consider a motion. As soon as practicable.
- New regulation: If an owner submits a motion and it is declined by the committee. Then they cannot resubmit the same motion for another 12 months.
What this means for owners: Owners should keep track of the dates in which motions were submitted. If they wish to resubmit the motion after the 12-month period has ended.
- New regulation: Committees are now required to make a decision on motions submitted within a 6-week period of receiving the motion.
What this means for Committees: Committees must make decisions on motions submitted. As well as provide minutes for these decisions.
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