Question: Is a motion submitted by a lot owner the same as a lot owner asking for a decision to be made by the committee?
Is a motion submitted by a lot owner the same as a lot owner asking for a decision to be made by the committee? Can a motion be a question seeking clarification of the committee’s progress on implementation of a previous action agreed to at a committee meeting?
Answer: I can’t see a request for information or asking the committee for an update or just a general question as being a motion.
That’s a really good question, and I think it’s going to have to take a lot of clarity from both owners and community members about how these things are going to be treated.
I can’t see a request for information or asking the committee for an update or just a general question as being a motion. That is really just communications to be tabled and considered by the committee.
Perhaps out of an abundance of clarity, the owner should either say if they want to be a motion or say that they don’t want it to be in motion and then it can be treated in that way. Keeping in mind is that six weeks if you do want to have as a motion, but if it’s not a motion, you obviously don’t have a deadline, but you might not be using up your cap of how many motions you can submit within that rolling 12 month period.
It’s not really up to the committee to determine whether or not your communication should amount to emotion or shouldn’t. It’s really, whether it is a motion or isn’t and I think asking a question wouldn’t amount to a motions, it’s just communications.
This post appears in Strata News #492.
Todd Garsden Mahoneys E: tgarsden@mahoneys.com.au P: 07 3007 3753
