Drafting a Motion

Properly drafting a motion requires particular skill. The motion must contain a clear statement of action, and its full substance must be included in the agenda.

If a motion conflicts with the Body Corporate and Community Management Act, or relevant bylaws, or if for any reason is unlawful and unenforceable, the motion must be ruled out of order.

In addition, technicalities within the Body Corporate and Community Management Act must be complied with, in order to draft a valid motion. Examples of these technicalities include -

• Under the Accommodation (Section 102) and Standard (Section 104) Regulation Modules, two quotes must be supplied with the motion where the motion proposes spending in excess of $250 for each lot in the scheme. The amount of $250 is set as the relevant limit for major spending in the dictionary schedule to each of the Modules. The quotes should be circulated with the motion, or if the quote is too bulky, then a summary may be supplied. This is known as the two quote rule.
• If a motion proposes the body corporate vary a service contract, or enter into a new service contract, the notice of meeting must include a complete copy of the document the body corporate will be required to execute, not merely a summary of the important terms.
• Each motion must identify which owner has submitted it, and how the motion should be passed (e.g. ordinary resolution, special resolution, or resolution without dissent)

Due to these and many other technicalities it is appropriate to have your motions either prepared or reviewed by a solicitor experienced in body corporate law prior to submitting them to Stewart Silver King and Burns.

The Body Corporate and Community Management Act has an obligation for motions to appear in the exact form in which they were submitted. Neither the committee nor Stewart Silver King and Burns is at liberty to alter them in order to ensure they are valid. Where possible, Stewart Silver King and Burns will endeavour to notify owners where we believe that the motion may not be valid, and make suggestions for the motion to be withdrawn and resubmitted in another way. However, this may not always be possible, and the onus is on the person making the submission to provide the motion in the correct form.

Note that if a motion is invalid, it may be ruled out of order by the Chairperson at the meeting.