When can a failed motion be resubmitted at an AGM?

QLD
Rules & Bylaws
Committee & Governance
question
Lookupstrata community member

If a committee motion is rejected at an AGM, how soon can the committee resubmit the motion for owner approval?

answer
Todd Garsden
Todd Garsden Mahoneys

It can be resubmitted immediately after the meeting.

Subject to some limited exceptions (for example, a proposal to insert an option period or amend remunerator in a caretaker's engagement), there is no limitation on resubmitting a failed motion to a general meeting. It can be resubmitted immediately after the meeting.

Assuming standard module, Section 86. Particularly subsections (1) and (7). These are extracted below:

  1. A motion for consideration at a general meeting of the body corporate may be submitted at any time by—
    1. a member of the body corporate; or
    2. the committee.
  1. However, a motion of a following type must not be included on the agenda for a general meeting if the motion's inclusion would result in the body corporate considering a motion of that type more than once in a financial year for the body corporate—
    1. a motion proposing that a regulation module be applied to the community titles scheme that is different from the regulation module identified in the scheme's community management statement;
    2. a motion proposing that the remuneration paid to a particular service contractor be changed;
    3. a motion proposing that the engagement of a person as a service contractor, or the authorisation of a person as a letting agent, be amended if, as a result of the amendment, the engagement or authorisation would include a right or option of extension or renewal.
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