The body corporate is submitting a new set of by-laws to the AGM. Should the motion be a motion of no descent or a special motion? Should each new by-law be subject to a separate motion vote or bundled into one motion?
It is fair to say most new by-laws require a special resolution.
It is fair to say most new by-laws require a special resolution. Sometimes, it could be a little less, and if you are playing with exclusive use allocations, it needs to be a resolution without dissent, and the person affected must also vote or consent to the change.
You can put up by-laws individually, in separate tranches, or one global vote. It really depends on what the committee thinks might be the vote killers in any changes. If there is a stand-out by-law that is contentions, you might put that as a stand-alone and put the rest in one block.
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With more than 30 years’ experience in property, management rights and body corporate law, Frank is a beacon of knowledge and a renowned strata-industry expert. Known for his straight-shooting style and commercially driven advice, Frank cuts through the most challenging legal problems to deliver real-world solutions.
An active member of the strata community, Frank generously shares his time and experience to help educate the broader industry on all things strata law. He embraces his role as an industry leader and is committed to continued industry innovation and ensuring everyone in the strata sector has access to practical resources and solutions as they navigate through the strata maze.
He regularly presents to all industry segments and also speaks at Queensland Law Society events on strata law issues to other lawyers. Frank is a regular contributor to LookUpStrata.
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