NSW: Can a deferred motion be amended at an association committee meeting?

Question: Can a deferred Motion be amended at an Association Committee meeting?

Answer: Logically, a motion at an adjourned meeting could be amended provided the motion is substantially the same motion.

There’s nothing in the Act regarding deferred motions for committee meetings, or the amendment of motions at committee meetings.

Below are the relevant sections of the Community Lands Management Act 2021: See Schedule 2.

Logically, a motion at an adjourned meeting could be amended provided the motion is substantially the same motion (e.g. decision on a cleaner not being amended to be a decision on a gardener).

14  Adjournments

1. A meeting may be adjourned for any reason if a motion is passed at the meeting for the adjournment.
2. The time and place at which a meeting adjourned under this Part is to be resumed must be fixed by the person who was presiding at the meeting.
3. The secretary of the association must give to the members of the association, at least 1 day before the resumed meeting, a notice specifying the time and place of the meeting.
4. Notice is to be given in writing (including by email or other electronic means).

7  Decisions at meetings

1. Voting at meetings A motion put to a meeting is to be decided according to a majority of the number of the votes cast for and against the motion by the members present (other than any tenant member, in the case of a neighbourhood committee) or in the manner set out in subclause (3).
2. If there is only 1 member of the association committee, the decision of the committee is the decision of that member.
3. Voting in writing A motion proposed to be put to a meeting is taken to have been validly passed even if the meeting was not held if—
   
   1. notice was given of the meeting in accordance with this Schedule, and
   2. a copy of the motion was given to each member of the committee, and
   3. the motion was approved in writing by a majority of the members of the committee (other than any tenant member, in the case of a neighbourhood committee).

4. Decisions to have no effect if opposed by more than specified owners A decision of an association committee has no force or effect if, before the decision is made, notice is given to the secretary of the association by 1 or more owners of relevant lots, the sum of whose unit entitlements exceeds one-third of the total unit entitlements, that the making of the decision is opposed by those owners.
5. Voting rights cannot be exercised if contributions not paid A member of the association committee is not entitled to vote on any motion put or proposed to be put to the committee if the member was, or was nominated as a member by a member who was, an unfinancial member of the scheme at the date notice of the meeting was given and the amounts owed by the unfinancial member were not paid before the meeting.
6. Tenant member not entitled to vote A tenant member of a neighbourhood committee is not entitled to vote on any motion put or proposed to be put to the committee.

8  Manner of voting

1. A vote at a meeting by a person entitled to vote must be cast in person unless the association committee, by resolution, determines that a vote may be cast by some other specified means.

Note—

A person may be present at a meeting even if not actually at the meeting (see the Dictionary definition of person present).

2. The regulations may make provision for or with respect to the following—
   1. the means of voting (other than in person) that may be adopted by an association committee,
   2. without limiting paragraph (a), procedures for voting by those means,
   3. prohibiting the use of specified means of voting.

This post appears in the December 2022 edition of The NSW Strata Magazine.

Andrew Terrell
Bright & Duggan
E: Andrew.Terrell@bright-duggan.com.au
P: 02 9902 7100