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Where two or more general meeting motions dealing with the same subject matter are submitted, then those motions must be combined into one motion with alternatives (Standard Module Section 72). Failure to follow this procedure renders the alternative motions void.
The voting paper to consider the options must list the alternatives under a combined motion. The committee submits the combined motion. It must state the substance of each of the alternatives. Under the combined motion and each of the alternatives there must be a blank space for voting purposes. Voters may then either vote for or against the motion. Those that vote for the motion may select one of the alternatives. If the combined motion is passed, then the alternative with the most votes is the resolution of the body corporate. If there are two or more alternatives that have the equal high votes, then the winner is to be decided by chance in the way the meeting decides. For instance, by flipping a coin.
The voting paper for a motion with alternatives must be accompanied by an explanatory schedule (Standard Module Section 73(4). The explanatory schedule must contain the original motion in the form in which it was submitted, any explanatory note given by the submitter of the original motion, and an explanation of how the alternative motion mechanism works.
The following is an example of how the explanation of the mechanism should be phrased –
To vote on this motion, you must either vote against the motion or vote for the motion and for 1 of the alternatives. To vote against the motion – Mark “no” opposite the motion on the voting paper. If you mark “no”, do not place a mark beside any of the alternatives. To vote for the motion and 1 alternative – Mark the voting paper in two places. Firstly, mark “yes”, opposite the motion on the voting paper. Secondly, mark “yes” opposite alternative you want to vote for. You can vote for only one alternative.
Sample Motion With Alternatives
1. Painting of the Building – Exterior and Interior VOTING – YES NO
MOTION BY ORDINARY RESOLUTION
Motion with alternatives – to vote on this motion, Vote ‘Yes’ or ‘No’ to the motion and if voting ‘Yes’, vote for 1 of the alternatives.
That the Body Corporate agrees to approve one of the following two quotations for the painting of the exterior and interior of the Common Property areas of La Porte D’or and further that the payment of the approved quotation will be taken from the Sinking Fund.
ALTERNATIVE A
BUILDING RECTIFICATION SERVICE – Total $495,700.00 (excluding GST) VOTING – YES
Painting of External Surfaces - $339,300.00 (excluding GST) subject to the specifications of the attached quotation;
Painting of Internal Common Area - $156,400.00 (excluding GST) subject to the specifications of the attached quotation.
ALTERNATIVE B
OPAT –Total $578,590.00 (excluding GST) VOTING - YES
Painting of External Surfaces - $392,550.00 (excluding GST) subject to the specifications of the attached quotation;
Painting of Internal Common Area - $186,040.00 subject to the specifications of the attached quotation.
Motion with alternatives where one is supplied by a lot owner and another supplied by the committee, they must appear in the agenda as a committee motion.
1. ADMINISTRATION AGREEMENT voting – yes no
MOTION BY ORDINARY RESOLUTION
That the Body Corporate engages the services of a Body Corporate Manager.
If you vote “Yes” to the above motion please continue to select one of the following alternatives
ALTERNATIVE A VOTING – YES
ARCHERS BCM (GOLD COAST) PTY LTD
MOTION BY ORDINARY RESOLUTION
Proposed by Committee
It is resolved that pursuant to the Body Corporate and Community Management (Accommodation Module) Regulation 1997, the Body Corporate engage Archers BCM (Gold Coast) Pty Ltd as its Body Corporate manager for the supply of administrative services to the Body Corporate for the period commencing on 21st September 2006 and ending on the 30th June 2009, the fee for the first year of engagement being $100.00 per lot per annum plus GST, the terms of which are stated in the Administration Agreement which has been circulated to all members of the Body Corporate. It is further resolved that authority be given to affix the Common Seal of the Body Corporate to the Administration Agreement and that same be signed by two committee members of the Committee of the Body Corporate.
ALTERNATIVE B VOTING – YES
STEWART SILVER KING AND BURNS
Proposed by I MacMaster ATF Ian MacMaster Family Trust Lot No 15
MOTION BY ORDINARY RESOLUTION
That the Owner’s resolve to approve to enter into a Body Corporate Administration Agreement with Stewart Silver King and Burns (Gold Coast) as attached to this notice of meeting, setting out the engagement for a period commencing on 21st September, 2006 and ending on the 30th June, 2009 at a secretarial fee of $130.00 per lot per annum (plus GST) and $60.00 per lot per annum (plus GST) for disbursements, and the schedule of costs for work outside the services contracted, and that two (2) members of the Committee execute the agreement under the common seal on behalf of the Body Corporate.
