Question: In the event that an owner wishes to vary the wording of one or more of the individual by-laws, can this be done as a motion with alternatives prior to voting on the by-laws as a whole?
It seems to be the norm to replace by-laws as a whole rather than deal with each by-law separately. As a result, there is simply one motion to adopt all by-laws.
If an owner wishes to vary the wording of one or more of the individual by-laws, can this be done as a motion with alternatives prior to voting on the by-laws as a whole? If not, what options are there?
Answer: The right way to do that would be to throw up, in one motion, all of the uncontested by-laws. Then make the one(s) under consideration, motions with alternatives.
If you aren’t on the committee, I would suggest engaging with the committee about the issues concerning you in a wholesale review.
Otherwise, you could fire in the motion that you want with respect to the by-law in issue and then the committee would have to make sure they structure that in the right way with alternatives. I think the right way to do that would be to throw up, in one motion, all the uncontested by-laws and then make the one(s) in issue, motions with alternatives.
This post appears in the April 2023 edition of The QLD Strata Magazine.
Frank Higginson
Redchip Strata Law
E: FrankH@redchip.com.au
P: 07 3193 0500
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