How many votes are needed to overturn an out of order motion at an AGM?

By admin,

What is the voting on a procedural motion? I am requesting a motion at the AGM out of order based on conflict with the Act.

When the chairperson says to voters, “Do you want this decision overturned”, what is the number of votes needed to successfully overturn the decision? There are four lots in the scheme.

Must explanatory notes be sent with EGM notices?

By admin,

Our committee have called an EGM. They sent out the paperwork, i.e. agenda, and voting paper but have not included the explanatory note. They advised that the explanatory note in relation to the circumstances surrounding the requirement for the EGM would be forwarded to all owners in the coming day or two.

The notice for EGM was emailed on 21 August 2023 but by the end of August 2023, we had not received the explanatory note.

Is the explanatory note meant to be emailed with the notice of the EGM? Can the committee delay sending the explanatory note out to owners?

Can an appointed administrator break a tied vote at an AGM

By admin,

An administrator has been appointed to our body corporate under orders. If owners vote on a motion at an AGM and the vote is tied, for example, two owners vote to appoint a body corporate manager and two vote against, can the administrator use any additional powers to make the decision and break the stalemate?

 

Can residents ride e-bikes through basement car parks and private parking bays?

By admin,

I manage a small strata scheme in Surfers Paradise. One owner regularly rides an e-bike through our underground car park, crossing over private parking bays and visitor parking bays. They also walk across other lots’ parking spaces and survey the parked cars.

Are parking spaces that form part of a lot treated as the owner’s property, rather than common property? Can residents access those spaces without permission?

What happens to voting deadlines when an agm is adjourned for no quorum?

By admin,

Our large body corporate’s AGM is soon. We have many overseas non-resident owners. We usually have around five per cent of eligible owners voting on motions and committee elections. The AGM fails to reach a quorum and is reconvened.

How does this affect the closing date for electronic, proxy and in-person voting?

What is required for a special resolution to pass in a strata scheme?

By admin,

What are the requirements for a special motion to be accepted? Is it 75% of votes counted or 75% of lot owners eligible to vote?

A motion submitted at an AGM comprises several clauses, and one of those clauses requires a motion without dissent, i.e. on change to common property. If one vote is received against that motion, is the motion defeated in its entirety?

How to ensure fair committee elections in a dysfunctional strata scheme?

By admin,

Our AGM is in less than 48 hours, and we have not been told where it will be held.

As usual, there are no nominations for committee members but we always end up with the same six self-appointing members. Other owners never have a say or even know the outcome until incorrect minutes come out.

Strata VOCM decisions: What information must be shared with owners?

By admin,

We are a large community titles scheme under the Accommodation Module in Queensland. We have a committee, body corporate manager (BCM)and a resident caretaker.

All VOCM, committee meeting and AGM agendas and minutes are issued to owners via email by the BCM.

The committee only holds one meeting per year - a budget meeting. All other committee decisions are via VOCMs.

The VOCM agendas and minutes never include any attached quotes. None of the emailed minutes include any attachments, not even the qualifying quote.