Question: An owner has submitted a motion but the name on the motion is not the same as per the Titles office. Does this make the motion invalid?
I am the chairperson of a BCC. We have an AGM coming up. Our Body Corporate Managers have received a motion from one of our Lot’s but the name on the motion is not the same as per the Qld Land Titles Registry. Does this make the motion invalid?
Answer: It depends on whether the motion has made its way onto the agenda.
It depends on whether the motion has made its way onto the agenda.
If the agenda has been finalised and sent with the motion included, it is arguably approved by the committee and now the property of the meeting such that it can only now be ruled out of order if it:
- Would conflict with the Act, the regulation module, the by-laws, or a motion already voted on at the meeting;
- Is unlawful or unenforceable for another reason; or
- Does not include the substance of the motion in the agenda for the meeting.
If the agenda has not been finalised – the committee can reject the motion on the basis it was not submitted by a member of the body corporate. However, I would caution the committee on taking this approach if the difference between the name on the motion and the owner according to the titles office is a technical one. If it is the same person, who just goes by a different name, the committee should include the motion.
This post appears in the September 2021 edition of The QLD Strata Magazine.
Todd Garsden
Mahoneys
E: tgarsden@mahoneys.com.au
P: 07 3007 3753
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