What to do if you believe strata AGM motions are invalid

By admin,

Our Body Corporate Committee has three motions at our AGM that I believe are not legal:

  1. Any owner that doesn't live in the building is not allowed to stand for the Committee.
  2. Any owner that has a Breach is not allowed to stand for the Committee.
  3. Use of proxies to appoint new committee.

Over the past 6 weeks, the BCC has issued nearly 40 breaches for trivial issues against all people wishing to stand against a useless and draconian committee.

Are the motions valid? If not, what can I do about it?

Do strata motions for spending always require quotes?

By admin,

Our body corporate manager has, ahead of our AGM, issued a notice to all owners - REQUISITION FOR INCLUSION OF MOTION ON AGENDA FOR ANNUAL GENERAL MEETING. That notice includes a footnote stating: If the motion is considering the expenditure of body corporate funds, you MUST include the cost or provide quotes.

BCCMA (Accommodation Module) Regulation 2020

S.163 Quotes for major spending decided at general meeting states:

What approval is needed for major strata building upgrades?

By admin,

Our committee is working on a proposal to upgrade the exterior of the building by replacing all windows, which will incur a cost of several million dollars. There are 66 apartments. The work is NOT essential and window replacement for common use areas is already provided for in the Sinking Fund Forecast.

What type of motion will be required and how many votes are needed for the motion to be passed?

What must be included on a strata committee meeting agenda?

By admin,

If an owner submits a motion to the committee with explanatory notes, what must be shown on the agenda for the committee meeting considering the motion? The full motion and explanatory notes or simply "Owners motion - Lot xx"?

What information should be provided in the minutes? We are a Standard Module.

How to handle strata AGM motions when quotes expire

By admin,

Our BCM has stated that they require at least 3 months to prepare for an AGM, and have said that all motions must be submitted before the cut off date. How do we comply when quotes for any big maintenance issues in the complex are usually only valid for 30 days?

Also, our Budget meeting is scheduled for mid-March. Shouldn't agenda and motions be submitted just following the budget meeting? Can we put forward a motion to alter the meeting dates appropriate to the issues within our complex?

Who is responsible for including motion details in strata AGM papers?

By admin,

We have our AGM coming up next week and I put three motions forward but the background to the motions was not included when the information was sent out. Now owners won’t understand the rationale behind my motions being put forward and therefore probably not vote for them, which has put me at a disadvantage.

Is it the role of the Secretary to check the AGM papers include motions plus submitted information before they are circulated?

Do strata motions require quotes below the major spending limit?

By admin,

If a Queensland lot owner submits a motion for the AGM, are they required to obtain quotes if the cost of giving effect to the motion/proposal is more than the relevant limit for major spending for the community titles scheme?

Thus, where the major spending limit is say $300,000 and the cost of giving effect to the owner's motion is, say $50,000, does the owner need not obtain quotes? Or is it sufficient to include, in the motion, a statement that the cost be capped, or not be more than, say $60,000?

Can strata AGM motions for a body corporate manager be combined?

By admin,

We have two motions about the appointment of a Body Corporate Manager for our AGM. One was submitted by the committee giving a choice of three options. Another was submitted by an owner to appoint a different BCM.

Can these motions be combined into one now giving a choice of four options? If not, does it make much difference about the order in which they are presented?

Do strata committees have to explain rejected motions?

By admin,

If an owner submits a proposal to the Committee meeting, and the majority vote to reject the proposal, is the Committee obligated to explain why it has been rejected other than "rejected by majority vote"?

If the answer is yes they must provide context. How are they to communicate this context - through meeting minutes, or any other form of communication?