Question: We have two motions about the appointment of a Body Corporate Manager for our AGM. Can these motions be combined into one that lists all four options?
We have two motions about the appointment of a Body Corporate Manager for our AGM. One was submitted by the committee giving a choice of three options. Another was submitted by an owner to appoint a different BCM.
Can these motions be combined into one now giving a choice of four options? If not, does it make much difference about the order in which they are presented?
Do options motions have to be decided by “first past the post” or can they be done on a full preferential system as in federal / state elections, or can the preference mechanism be something else again (like optional preferential or a points system whereby first preference receive one full vote and lower preferences receive a partial vote – like second preferences receive a 1/2 vote etc).
Answer: All of the options received should be listed under the same motion known as a ‘Group of the Same Issue’ motion.
All of the options received should be listed under the same motion known as a ‘Group of the Same Issue’ motion.
The motion allows owners to choose between a range of comparable options.
The voting mechanism for these motions is essentially first past the post – the option with the most votes wins.
If there is a tie, matters become more complicated as you also have to count votes against each motion – so it is important for owners to vote not just on what they want but what they don’t want. Ultimately, if two proposals have the same number of votes the matter can be decided by a game of chance.
That all sounds good, but if you know anything about politics you will know that first past the post voting can produce some wonky outcomes. This is often the case when one group of voters band together to favour one position. In first past the post votes, that group may end up with their preference being selected even if it is not the overall preference of the majority who have spread their votes across a range of other options. Preferential voting helps eliminate this scenario, but is not available here.
For that reason it may be worth considering how many proposals are being put forward and reducing these so that owners can identify a clear preference. In practice, this likely means the Committee being selective with the options they put forward although there is room for negotiation with owners who have made submissions.
When it comes to selecting body corporate managers, I would suggest that three options are plenty and two may be better. That’s not always possible, but the more defined the options are the easier it is for people to decide and be satisfied with the outcome.
For more on Group of the Same Issue Motions, the BCCM has this presentation with a flow chart on the decision making matrix: Explaining group of same-issue motions.
LookUpStrata has this video on the issue: An Example of a Same Issue Motion (previously Motions with Alternatives) with Todd Garsden from Mahoneys.
This post appears in the October 2022 edition of The QLD Strata Magazine.
William Marquand Tower Body Corporate E: willmarquand@towerbodycorporate.com.au P: 07 5609 4924