Question: Our AGM included motions for engaging a new body corporate manager. The motions were presented in a confusing manner and I believe they should be ruled out of order. What do I do?
For our recent AGM, the agenda shows the committee submitted two separate motions related to the engagement of one of two body corporate management companies. The supplied voting paper shows the motions as a group of same-issue motions. Further, one of the motions includes some other unrelated motions to be voted together in one decision with ordinary resolution. Each voting paper refers to an explanatory schedule.
Should both motions be ruled out of the order? If so, how do we deal with a situation like this at the general meeting?
Answer: If a motion is out of order, it must be ruled so by the chair.
It sounds like a complicated scenario. You could contact your Secretary/Body Corporate manager and ask them to issue a clarification or possibly reschedule the meeting with a new notice being issued.
Otherwise, if a motion is out of order, it must be ruled so by the chair. As per the BCCM website: Running an annual general meeting.
Ruling motions out of order
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.
The person chairing the meeting must give reasons for ruling a motion out of order, which must be recorded in the minutes. Those who go to the meeting and are entitled to vote may, by ordinary resolution, reverse a ruling.
If you believe those conditions have been met, you can write to the chair advising them why you believe the motion is out of order and reminding them of their obligations.
Failing that, you may have to go to the Commissioner’s office if the matter is serious enough.
This post appears in Strata News #658.
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