QLD: Your secret weapon! How owner motions can shape your body corporate

Todd Garsden, Mahoneys and Will Marquand, Tower Body Corporate joined us for a webinar on the 11 July, 2024 about the importance of owner motions in a Queensland body corporate. The ability to submit motions is a crucial right for lot owners in a body corporate scheme. It allows owners to actively participate in shaping the decisions that impact their living environment and investment. This goes beyond simply attending meetings. Motions are a powerful tool to bring specific issues to the table and propose solutions.

Video: QLD: The Power of Lot Owner Motions in a Body Corporate

What can be achieved through owner motions?

The scope of motions is quite broad. Here are some examples of what lot owners can propose:

• Improvements to common property: Is the pool in need of resurfacing? Does the garden require landscaping upgrades? A motion can be used to request the body corporate committee to investigate and obtain quotes for the necessary work.
• Changes to body corporate rules: If you’d like to suggest changes to parking areas or pool open times, owner motions can be used to propose amendments to the existing rules, after ensuring compliance with relevant legislation.
• Addressing rule breaches: Are there ongoing issues with noise disturbances or improper waste disposal? A motion can be used to urge the committee to take enforcement action to address these breaches.
• Financial matters: While the body corporate committee typically handles the budget, a motion can be used to propose alternative spending priorities or request clarification on specific budget allocations.

Avoid having your owner motions ruled out of order

It’s important to understand that not all owner motions will be considered by the body corporate. The chairperson, who presides over meetings, has the authority to rule a motion out of order. There are several reasons why this might happen:

• Conflict with legislation or by-laws: The chairperson can rule out owner motions that, if passed, would violate the Body Corporate and Community Management Act or the specific by-laws of the body corporate, it can be ruled out.
• Unlawful or unenforceable: Motions that propose illegal actions or actions that cannot be realistically enforced will likely be deemed out of order.
• Improperly drafted motions: Unfortunately, motions are frequently ruled out of order simply because they are not written correctly. Lot owners may be unfamiliar with the proper format or wording requirements, leading to motions that are unclear, ambiguous, or even unintentionally in conflict with existing regulations.

Crafting effective owner motions for your body corporate: Key considerations

While the power to propose change lies with motions, their effectiveness hinges on how they are drafted. Here are some key points to remember:

• Clear and concise: The motion should be clear, easy to understand, and avoid ambiguity. Focus on one specific issue or proposal at a time.
• Actionable wording: Frame the motion as a call to action for the committee. What specific outcome are you seeking? Is it requesting a quote, conducting a survey, or enforcing a rule?
• Feasible and legal: Ensure your owner motion is realistic and achievable within the body corporate’s budget and legal framework.
• Supporting information: For complex motions, consider attaching relevant documents or data to provide context and strengthen your proposal.
• Timely submission: Every body corporate has deadlines for submitting motions before a meeting. Ensure you meet these deadlines to have your motion considered.

Additional tips and considerations

• Gather support: Discuss your motion with other lot owners and gauge their interest. Having a show of support can increase the chance of your motion being passed.
• Seek guidance: If unsure about any aspect of drafting a motion, don’t hesitate to seek advice from a lawyer or your body corporate manager. Understanding the relevant legislation and procedures can be helpful.

By understanding the power of motions and following these steps, lot owners can take a proactive role in shaping their body corporate and ensuring a more harmonious and well-maintained living environment for all residents.

Video presenter:

Todd Garsden
Mahoneys
E: tgarsden@mahoneys.com.au
P: 07 3007 3753

William Marquand
Tower Body Corporate
E: willmarquand@towerbodycorporate.com.au
P: 07 5609 4924

Article author:

The Lookupstrata Team

This post appears in Strata News #703.

Have a question or something to add to the article? Leave a comment below.

Read next:

• QLD: New Rules for Lot Owners Submitting Motions to the Committee
• QLD: Q&A AGMs, Motions in Strata and the Obligation to Act

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