This article discusses when a special resolution for new by-laws at an AGM is required and whether changes should be voted on separately or together.
Question: The body corporate is submitting a new set of by-laws to the AGM. Should the motion be a motion of no descent or a special motion? Should each new by-law be subject to a separate motion vote or bundled into one motion?
Answer: It is fair to say most new by-laws require a special resolution.
It is fair to say most new by-laws require a special resolution. Sometimes, it could be a little less, and if you are playing with exclusive use allocations, it needs to be a resolution without dissent, and the person affected must also vote or consent to the change.
You can put up by-laws individually, in separate tranches, or one global vote. It really depends on what the committee thinks might be the vote killers in any changes. If there is a stand-out by-law that is contentions, you might put that as a stand-alone and put the rest in one block.
This post appears in Strata News #693.
Frank Higginson Redchip Strata Law E: FrankH@redchip.com.au P: 07 3193 0500