Question: Do motions have a timeframe? Is the motion still invalid if the original quote is no longer valid?
How long are committee and body corporate motions valid for? The committee in my eight lots, standard module, BFP scheme in QLD has put forward the occasional pest control or maintenance motion with quotes and a job description. Regularly, considerable time passes before the work is carried out – or at all.
Similarly, the body corporate has passed a motion for maintenance work with a quote but no timeframe. The work hasn’t been done seven months later. Is a timeframe applicable if none is mentioned in the motion? If the original quote is no longer valid, is the motion valid?
Answer: Unless the motion specifically states a time period, there is no definite timeframe in which a motion must be concluded.
Unless the motion specifically states a time period, there is no definite timeframe in which a motion must be concluded.
However, when a motion is passed, there is a clear expectation that it will be done, and when it comes to matters like arranging pest control, most people would imagine that the work would be arranged quite quickly after the motion is confirmed. After all, all that is required here is to send a work order to the contractor.
The fact that this is not happening suggests some dysfunctionality on the part of the committee or perhaps a resistance from the committee to adhere to the requirements of the body corporate. Your scheme only has eight lots, so it may not be too hard for you to work out the reason or communicate your issues to the committee. Maybe they need a bit more support, and you could provide that. Alternatively, if they are being obstinate, it might be time for some new blood to help push matters forward.
You ask whether the motion may also be invalid if a quote is no longer valid. That could be the case if the motion approved a specific quote and the contractor no longer agrees to that cost. Depending on the situation, the committee may be able to approve a new quote, but in the worst case scenario, another vote could be required. If you are in a situation like this, that may also be a rationale to change the committee – approving a pest control quote shouldn’t be this hard, and if it is, you need to ask why.
This post appears in Strata News #670.
William Marquand Tower Body Corporate E: willmarquand@towerbodycorporate.com.au P: 07 5609 4924