QLD: New Rules for Lot Owners Submitting Motions to the Committee

This article is about lot owners submitting motions to the committee after the new strata QLD legislation changes.

Table of Contents:

• QUESTION: This question is made up of a variety of queries around the changes to lot owners submitting motions to the committee
• QUESTION: A Meeting of the Minds – Submitting a Motion to the Committee

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Question: This question is made up of a variety of queries around the changes to lot owners submitting motions to the committee.

Pursuant to s.50 of the Accommodation Module 2020, members of a body corporate (owners) may submit a motion for consideration by the committee.

1. As the committee is required to consider the motion at a committee meeting:
   
   1. Must this be an (ordinary) committee meeting which all owners may attend or can the motion be considered at a VOCM in lieu of an ordinary meeting?
   2. Must the motion be shown on the Agenda of the committee meeting?
   3. if the committee requires more time to decide the motion, must the reason the committee requires more time be recorded and published in the meeting minutes and copied to all owners?
   4. if the committee decides not to decide a motion because subsection (3)(a) or (b) applies, must the reason why the motion was not decided, be recorded and published in the meeting minutes and copied to all owners?
   5. If the committee decides in favour of an owner motion, is it under any obligation to implement the motion?
2. Does a motion submitted by an owner need to be accompanied by an explanatory note not longer than 300 words (as in s.80)

Answer: One of the responses about submitting motions: The motion must be included on the agenda of a committee meeting only if it is decided on at the meeting. Find out more below:

1. 1. When a motion is submitted to the committee, the committee can decide the motion at either a committee meeting or a VOCM.
   2. The motion must be included on the agenda of a committee meeting only if it is decided on at the meeting. If the committee does not choose to address the motion at the meeting (and chooses to address it at a later meeting or VOCM) it does not need to appear on the agenda.
   3. Yes – the definition of full and accurate minutes in section 63(6)(d)(iv) of the Accommodation Module extends to this.
   4. No – the definition of full and accurate minutes in section 63 of the Accommodation Module does not extend to this and there is no decision needed to have been made. Such reasons only need to be included if the motion was not decided because it was invalid or a restricted issue.
   5. Yes – section 101(2) of the BCCMA provides that the committee must put into effect the lawful decisions of the body corporate.
2. No – there is no need for an explanatory note to be submitted (even if for a general meeting motion).

Todd Garsden
Mahoneys
E: [email protected]
P: 07 3007 3753

This post appears in Strata News #466.

A Meeting of the Minds – Submitting Motions to the Committee

The relationship between Committees and lot owners is set to shift as new legislation better defines how issues raised by owners can be resolved.

What’s Changing: New Strata QLD Legislation

From March 1, under the standard module regulation, any owner who wants the Body Corporate Committee to make a decision on an issue they are concerned about must submit a motion for this via the secretary by email, post or in person.

Once received, the Committee will then have six weeks from the date of submission to make a decision on that motion at a Committee Meeting or a VOC. If more time is required, the Committee will need to give the owner written notice within the six week ‘decision period’ including reasons why and a time frame for resolution.

The implication here is that requests from owners have to receive due process of consideration and ideally a vote of determination – not something that has always happened in the past. Committees cannot allow matters to drift or go unanswered. Through the meeting notices and minutes, lot owners can clearly see that their issue has been presented and that a decision has been made. The official records will help define both sides’ position at the time of the decision and for posterity. As ever, if an owner is unhappy with the outcome of a decision, they then have the choice of pursuing further resolution through the courts.

The change may be perceived as broadly advantageous for individual owners, especially those who deal with inactive committees or who live in schemes where there is a lack of transparency. However, the regulations come with a number of caveats that should help active committees focus on management on practical matters that are beneficial for the scheme.

Which Motions Will Committees be able to Make Decisions About?

Under the new rules, committees will not be able to make a decision about a motion if it is:

• A restricted issue for the Committee i.e. outside of a spending limit or required to go to a general meeting.
• A restricted issue for the Committee i.e. outside of a spending limit or required to go to a general meeting.
• In conflict with, the Act or regulations, by-laws, a motion already voted on at the meeting.
• Unlawful or unenforceable.

What Does that Mean for the Lot Owner?

The emphasis will be on the lot owner to ensure these conditions are met and Committees don’t have to worry too much about half-baked ideas or impractical propositions. If owners want something done, they have to put some work towards presenting a credible proposal make it happen rather than leaving the legwork to unpaid volunteers. Nuisance applications can be dismissed as time-wasting.

Can Committee Decisons be Revisted?

Further, Committees will not have to decide on a motion if, in the previous 12 months, the owner has submitted a motion about the same issue or submitted six or more motions. In other words, once an issue has been decided, there is no need to revisit that decision for at least a year. And, owners who regularly have issues they want the Committee to consider, the need to be judicious in determining their priorities.

What are the Timeframes to Receive a Response to Your Submission?

One additional wrinkle is that if a motion is submitted and the Committee makes no decision or provides no response within the six-week decision period that motion is then considered ‘not passed’.

How this plays out in practice will be interesting. For lot owners who want to take the matter further, they now have a definitive date after which they can lodge a QCAT application with demonstrable evidence that they have made reasonable attempts to bring an issue to the Committee.

Equally, some Committees might see this as an opportunity to play double jeopardy – forcing an owner to take matters to court if they are willing to go that far. No one wants to see body corporate management fall into a pit of tit for tat legal action, but the changes here do open the greater possibility for that to happen.

William Marquand
Tower Body Corporate
E: [email protected]
P: 07 5609 4924

This post appears in Strata News #446.

Have a question about submitting a motion to the committee or something to add to the article? Leave a comment below.

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This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.

In March 2021, Todd Garsden from Mahoneys joined us for a QLD Webinar covering the New Regulation Modules. You can watch the webinar in full here: QLD Strata Webinars. Todd Garsden produced a handy, free one page list of new motions that you can do download here: New Motions For A Body Corporate.

Read next:

• QLD: Q&A AGMs, Motions in Strata and the Obligation to Act
• QLD: Standard Module regulation changes – committee membership
• QLD: Removing an Elected Body Corporate Committee Member

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