Question: Our Strata Manager says that no one except the chair is allowed to speak at an AGM. Is this correct?
AGM Our Strata Manager says that no one except the chair is allowed to speak at an AGM.
I believe, in accordance with meeting procedures that a Motion is read out by the mover of the motion who is then allowed to speak for the motion. The chair should then ask if there are any owners who wish to speak for or against the motion.
Is this correct?
Answer: In this case, the supposition that only the Chair may speak at a meeting is incorrect. However, it is also not correct that the chair has to allow owners to speak for and against a motion.
The legislation does not stipulate a template by which body corporate meetings should be conducted and as a result there can be quite a bit of difference in their conduct from scheme to scheme and meeting to meeting.
In this case, the supposition that only the Chair may speak at a meeting is incorrect. For example, owners may request that motions be amended and propose that amendment, they are allowed to request that motions be ruled out of order.
However, it is also not correct that the chair has to allow owners to speak for and against a motion. Ultimately, the main purpose of a meeting is to count votes not opinions and the Chair needs to create the circumstances under which that can happen.
Practically, most plans need to reach a mid-point between these positions. If a Chair doesn’t give owners reasonable opportunity to express themselves then the likelihood is that there will be more disgruntled owners with more complaints, legal action and so on. The Chair may also find themselves unpopular when seeking reelection – if that is a concern. If owners don’t feel that they are being given the chance to discuss motions they may simply vote against them and that can impact the capacity of the body corporate to function. What would happen if everyone voted against the motions to collect levies because the chair hadn’t allowed any opportunity for discussion on the matter?
Equally, it is reasonable for a chair to set limits as to how a meeting can be conducted and the capacity of owners to express themselves. This can mean requiring that owners maintain decorum at a meeting, that when they address the meeting they keep to the matter at hand or limiting the amount of time an individual has to speak on a matter. There is little benefit from meetings that ramble, are hostile or in which there is no significant debate beyond people making sure they are heard.
It can be a tough job, but in well-functioning schemes the Chair tends to find that balance between letting people be heard and moving matters forward.
This post appears in the March 2021 edition of The QLD Strata Magazine.
William Marquand
Tower Body Corporate
E: willmarquand@towerbodycorporate.com.au
P: 07 5609 4924
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