Question: If an owner submits a motion to the committee with explanatory notes, what must be shown on the committee meeting agenda?
If an owner submits a motion to the committee with explanatory notes, what must be shown on the agenda for the committee meeting considering the motion? The full motion and explanatory notes or simply “Owners motion – Lot xx”?
What information should be provided in the minutes? We are a Standard Module.
Answer: The notice to call a committee meeting must include an agenda stating the substance of issues to be considered at the meeting.
An explanatory note for a committee motion is something that has existed only out of custom as opposed to general meetings which specifically reference the existence of an explanatory note in the legislation.
Agenda
The notice to call a committee meeting must include an agenda stating the substance of issues to be considered at the meeting. The substance does not need to list in full the motions and explanatory note, but the agenda must detail the subject to be covered at the committee meeting.
In Coronation Gardens [2007] QBCCMCmr353 the adjudicator relevantly provided:
“Fine detail is not required, but enough information for any lot owner to see that a subject in which he or she has an interest will be discussed eg. ‘Lot 12, application for pergola…”
Minutes
The committee must ensure that full and accurate minutes of its meeting are taken along with a record of motions.
The phrase full and accurate and record of motions is elaborated upon at section 71(6) of the Standard Module and includes the words of each motion voted on at the meeting.
Accordingly, there is no requirement to include an explanatory note – the requirement is limited to the words of the motion. However, if the committee chooses to include the explanatory note, it must be included in full.
This post appears in the December 2021 edition of The QLD Strata Magazine.
Todd Garsden Mahoneys E: tgarsden@mahoneys.com.au P: 07 3007 3753