QLD: When can a failed motion be resubmitted at an AGM?

Question: If a committee motion is rejected at an AGM, how soon can the committee resubmit the motion for owner approval?

Answer: It can be resubmitted immediately after the meeting.

Subject to some limited exceptions (for example, a proposal to insert an option period or amend remunerator in a caretaker’s engagement), there is no limitation on resubmitting a failed motion to a general meeting. It can be resubmitted immediately after the meeting.

Assuming standard module, Section 86. Particularly subsections (1) and (7). These are extracted below:

1. A motion for consideration at a general meeting of the body corporate may be submitted at any time by—
   
   1. a member of the body corporate; or
   2. the committee.

7. However, a motion of a following type must not be included on the agenda for a general meeting if the motion’s inclusion would result in the body corporate considering a motion of that type more than once in a financial year for the body corporate—
   
   1. a motion proposing that a regulation module be applied to the community titles scheme that is different from the regulation module identified in the scheme’s community management statement;
   2. a motion proposing that the remuneration paid to a particular service contractor be changed;
   3. a motion proposing that the engagement of a person as a service contractor, or the authorisation of a person as a letting agent, be amended if, as a result of the amendment, the engagement or authorisation would include a right or option of extension or renewal.

This post appears in Strata News #728.

Todd Garsden
Mahoneys
E: tgarsden@mahoneys.com.au
P: 07 3007 3753