Question: I put three motions forward but the background to the motions was not included. Is it the role of the Secretary to check the AGM papers include motions plus submitted information before they are circulated?
We have our AGM coming up next week and I put three motions forward but the background to the motions was not included when the information was sent out. Now owners won’t understand the rationale behind my motions being put forward and therefore probably not vote for them, which has put me at a disadvantage.
Is it the role of the Secretary to check the AGM papers include motions plus submitted information before they are circulated?
Answer: The onus is on the submitter.
As per the BCCM website, a motion must:
- be in writing
- include any necessary quotes and other documents
- be clear
- be enforceable
You can also include an explanatory note of up to 300 words.
In this case you mention ‘background information,’ but it is not clear how this was presented and it may have been omitted if not submitted in a valid format – that is, listed explicitly as an explanatory note.
The onus on doing this is on the submitter. Once a submission is received, the secretary is required to list it as presented. They are not responsible for formatting and organising owner’s motions as suggested. If they did so it implies they have some right of interpretation of the motions which they do not.
It sounds like there may be a bigger story here. In a positive situation you might have received help on your submission from the body corporate manager or even worked on it with the committee. Owners aren’t necessarily expected to be experts and help is usually available. Did anyone follow up with you for clarification? It’s not required, but if a scheme is generally harmonious you might expect a communication like this.
However, not all situations are positive and, for a range of reasons, you may not have the support of others in your body corporate. That can happen, but you need to be conscious of that and ensure that any submissions you make stay within the guidelines in order to ensure they are presented in the way you want.
As a next step you might ask your body corporate manager about why the paperwork went out the way it did and what you need to do moving forwards.
See the BCCM website for more on how to submit a motion: Queensland Government: Submitting motions
This post appears in Strata News #595.
William Marquand
Tower Body Corporate
E: willmarquand@towerbodycorporate.com.au
P: 07 5609 4924
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