This article discusses presenting new strata by-laws, explaining how by-law changes can be structured at an AGM, what happens if some are rejected, and key timing and approval considerations.
Question: We have had new bylaws drawn up to be presented as a motion at the AGM. I have a few questions about the best way to present the motion/s?
Our committee has had a new set of bylaws drawn up by a solicitor. These are going to be subject to a motion or motions at our forthcoming AGM.
- are all the various changes to the bylaws to be listed at the AGM as one motion or individually?
- if the various motions are grouped onto say ten seperate motions and one of those single changes is rejected are the other changes in the motion classed as having failed?
- If a change to the new by laws fails, does the committee in force the old by Law?
- can the committee amend various new by law clauses right up to the time of them circulating of the printed voting papers?
- What is the time limit between the date of the finish of the committee year and the requirement for the AGM ? Can an exemption be granted by the commission?
Answer: This is ultimately up to the committee about how they would prefer to present the new by-laws to be considered by owners.
In response to each query:
- This is ultimately up to the committee about how they would prefer to present the new by-laws to be considered by owners.
- Yes
- Yes
- Yes
- The annual general meeting must be held within 3 months of the body corporate’s end of financial year. However, a failure to do so will not necessarily invalidate the meeting. There is no need to obtain an exemption from the Commissioner’s Office if this date is going to be missed.
This post appears in Strata News #585.
Todd Garsden Mahoneys E: tgarsden@mahoneys.com.au P: 07 3007 3753