Question: I’m concerned about some AGM motions put forward by the committee. I’ve expressed my concerns. Can the chair alone invalidate resolutions/motions put forward?
At a previous AGM, I was told it was too late to question account anomalies.
In the latest AGM information, one resolution put forward by the committee (on a very controversial matter) contains incorrect information. On another motion to amend the service contractor’s contract, the common practice of having this looked over by our legal firm was waived. I have noted a variance from the original contract.
Having expressed my “concerns” before the actual AGM, I am still being told that both matters remain to be voted on.
Surely, the correct procedure would be to advise owners their motions are withdrawn BEFORE the AGM takes place.
Otherwise, they will be voted on by owners who don’t intend to attend the AGM and are unaware of the objections I will be raising.
Can the chair (alone) invalidate resolutions/motions put forward?
I fear that an “uninformed” majority vote will see “items” approved. If approved, how do I get them overturned?
Answer: You are entitled to your vote, and others are entitled to theirs. If you are unhappy with what people decide, you can challenge decisions after the fact.
If a motion is out of order, the chair must rule it out at the meeting.
In a perfect world, logic holds that all motions that are not ruled out of order must be legitimate to vote on.
We don’t live in a perfect world, and there can be many interpretations of whether a motion should be included.
Generally, and as per the BCCM website: Running an annual general meeting, a motion must be ruled out of order if:
- the motion, if carried, would
- conflict with the legislation or the body corporate by-laws
- conflict with another motion already voted on at the meeting
- be unlawful or unenforceable for another reason
- the substance of the motion was not included on the agenda for the meeting.
Then, the person chairing the meeting must give reasons for ruling a motion out of order, which must be recorded in the minutes.
And, those who go to the meeting and are entitled to vote may, by ordinary resolution, reverse a ruling.
In your case, it seems you believe the motions should be out of order, but others don’t. I think it is reasonable that you have represented your concerns, but it may also be reasonable for other people not to accept them.
If the matter was serious enough, you could seek an emergency adjudication on the agenda via the Commissioner’s office. Perhaps you could also obtain your own legal advice on the viability of the motions and submit that to the body corporate. You could also obtain a copy of the roll and write to all owners advising them of your concerns.
Otherwise, you are entitled to your vote and others are entitled to theirs. If you are unhappy with what people decide, you can challenge decisions after the fact.
Regarding financial questions, I think it is reasonable to ask them. It is not so helpful to ask them from the floor at the meeting and expect the manager or treasurer to respond on the spot. They may be able to, but financial questions often require some research and reference to documents. If you ask a question from the floor, it is fair if you get a response back saying that they will have to look into it. Therefore, I think it is best to submit your questions in writing before the meeting. Good managers and treasurers should answer them. If they don’t, there may be a wider problem.
This post appears in Strata News #684.
William Marquand Tower Body Corporate E: willmarquand@towerbodycorporate.com.au P: 07 5609 4924