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Submitting Your Rights Crime and The L
Submitting Your Rights Crime and The L
Submitting motions
A body corporate makes decisions in 2 ways:
The committee makes most day-to-day decisions (e.g. approving minor maintenance).
Lot owners make more important decisions by voting at a general meeting (e.g. setting
budgets and body corporate contributions).
The following information outlines the types of motions that can be submitted to general
meetings and committee meetings.
Individual committee members, body corporate managers or resident managers cannot make
decisions for the body corporate on their own.
General meetings
Owners can submit motions to be voted on at general meetings. Motions must be submitted
in writing. The committee may also agree to submit motions to be voted on at a general
meeting.
If a notice is sent to owners inviting nominations for the committee, owners must also be
invited to put in motions for the agenda of the annual general meeting.
However, owners do not have to wait to be invited to send a motion for including on the
annual general meeting’s agenda. They can submit a motion to the secretary at any time
before the end of the body corporate financial year.
For the first annual general meeting, owners can submit a motion for including on the agenda
at any time before the meeting. The motion must be included on the agenda where possible.
The committee also submits motions for the annual general meeting agenda, including
statutory motions. However, the committee does not have the same time limits as owners.
They may put motions on the annual general meeting agenda at any time before the notice
and agenda is issued to the owners.
Owners can also submit motions to be considered at an extraordinary general meeting at any
time throughout the year.
If a motion is submitted, it must be included on the agenda for the next general meeting where
practicable. For example, there must be ‘enough time’ from when the motion is received to
when the meeting notice is issued for the committee to add it to the agenda.
The Act does not provide for a time frame on this matter. It’s up to the committee to consider
if there is enough time to include the motion.
Motion requirements
A motion must:
be in writing
include any necessary quotes and other documents
be clear
be enforceable
An owner’s motion must be put on the voting paper without any change to the wording.
Even if the motion is unlawful, unenforceable or would, if passed, conflict with the Body
Corporate and Community Management Act 1997
(https://www.legislation.qld.gov.au/view/html/inforce/current/act-1997-028) , the committee
cannot refuse the owner’s motion. However, the chairperson may rule it 'out of order' at the
general meeting.
Explanatory notes
Owners can add extra information (called explanatory notes) to support their motion for an
annual general meeting or an extraordinary general meeting. Explanatory notes must be no
longer than 300 words.
The committee must include a schedule of explanatory notes with the meeting notice.
The committee can also include its own explanatory note about a motion submitted by an
owner. This note must be on a separate schedule and must be included with the meeting
notice.
A voter can:
vote in favour of any or all motions in the group
To determine which motion in the group is successful, there are 2 main steps:
A motion can only pass if it first satisfies the requirements of its resolution type. A motion that
receives enough votes to satisfy its resolution type is called a ‘qualifying motion’.
If there is only 1 qualifying motion in the group, it is automatically the decision of the body
corporate.
If there are no qualifying motions, the decision of the body corporate is that is no original
motion in the group passed.
The qualifying motion that receives the highest number of votes in its favour will be the
successful motion.
Where 2 or more qualifying motions receive the equal-highest number of votes in favour, the
votes against the motions will also be considered. In this case, the motion with the least votes
against it will be the successful motion.
Where 2 or more qualifying motions are tied on their votes in favour and their votes against,
the successful motion will be decided by chance. The form of chance will be decided at the
meeting.
For example, if a committee and 2 lot owners each submit motions to deal with a
broken boundary fence, the committee must list them as a group of same-issue
motions on the agenda and voting paper since each motion deals with the same issue.
Original motion 1: To replace the boundary fence with a high quality powder coated
steel fence at a cost of X. (Special resolution)
Original motion 2: To replace the wooden boundary fence with a similar wooden
boundary fence at a cost of Y. (Ordinary resolution)
Original motion 3: To repair the damage to the broken boundary fence at a cost of Z.
(Ordinary resolution)
Assuming that all motions in the group are qualifying motions, the vote count is:
Motion 1—30 for and 5 against
As motions 1 and 2 received the equal-highest number of votes in favour, the votes
against them must be considered.
Find out more about voting paper requirements and explanatory schedules for groups of
same-issue motions for:
Once-a-year motions
Some motions cannot be considered more than once in the body corporate’s financial year.
These motions include:
A motion should not be placed on the agenda for a general meeting if this would result in one
of the above type of motions being considered more than once in a financial year.
Committee decisions about owner motions should be made within the ‘decision period’. The
decision period requires the committee to make a decision as soon as is reasonably
practicable, within 6 weeks after the day the owner’s motion is submitted.
If the committee needs extra time, they must give a written explanation to the owner and
nominate a reasonable additional period (of no more than 6 weeks). The owner’s motion is
considered declined if the committee does not decide within the decision period (or within 12
weeks if extra time is needed).
The committee does not have to make a decision if, within the previous 12 months, the same
owner has submitted:
Further questions?
If you have further body corporate questions you can submit an enquiry
(https://www.qld.gov.au/law/housing-and-neighbours/body-corporate/legislation-and-
bccm/services/enquire) or phone the information service on
1800 060 119 (freecall) (tel:1800060119) .
We cannot give legal advice or rulings—we can only give you general information on body corporate
legislation.
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