In the event that an owner wishes to vary the wording of one or more of the individual by-laws, can this be done as a motion with alternatives prior to voting on the by-laws as a whole?
It seems to be the norm to replace by-laws as a whole rather than deal with each by-law separately. As a result, there is simply one motion to adopt all by-laws.
If an owner wishes to vary the wording of one or more of the individual by-laws, can this be done as a motion with alternatives prior to voting on the by-laws as a whole? If not, what options are there?
The right way to do that would be to throw up, in one motion, all of the uncontested by-laws. Then make the one(s) under consideration, motions with alternatives.
If you aren’t on the committee, I would suggest engaging with the committee about the issues concerning you in a wholesale review.
Otherwise, you could fire in the motion that you want with respect to the by-law in issue and then the committee would have to make sure they structure that in the right way with alternatives. I think the right way to do that would be to throw up, in one motion, all the uncontested by-laws and then make the one(s) in issue, motions with alternatives.
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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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