Submitting a Motion

If you wish the body corporate to make a particular decision that you think is of benefit to you, to a group of owners, or to all owners, the proper way to have the matter considered is to speak with the committee members. Having the committee understand and action your matter is the most effective method for achieving your goal.

Certain matters are beyond the power of the committee, and appropriate for consideration only at a general meeting. These matters should be submitted to the body corporate as a motion for inclusion in the agenda for the next general meeting. So long as the motion is submitted in the appropriate manner you have a statutory right to have it included in the agenda. It is compulsory that each year the notice requesting nominations to the committee includes an invitation for owners to submit motions (Standard Module Section 41 (5)).

You need not wait for an invitation to submit motions. As an owner, any motion you submit in writing to the Body Corporate Managers prior to end of the body corporate financial year will be included in the annual general meeting notice. It is a statutory obligation that the motion be included in the voting paper exactly as it was submitted without amendment (Standard Module Section 42 (5)(a)(i)). Thus, it is vital that owners submit motions that are technically correct.

To submit a motion you must send your Body Corporate Managers a written notice with the following information:

• Your name
• The body corporate name
• The lot you own
• The motion with the precise wording you wish to be included on the agenda  (including all the relevant attachments like the contract, the quotes, or the plans)
• How the motion should be passed - ordinary resolution, special resolution, or resolution without dissent.

In addition to the motion you are entitled to submit an explanation of up to 300 words that will be included with the meeting notice, on a separate schedule.

Owners are invited to submit motions each year when committee nominations are called.

It is essential when submitting a motion for consideration that the motion itself is worded clearly, and the purpose is evident. In order for owners to make an informed vote, it is also vital all information relevant to the motion is provided.

When submitting a motion information, it may be useful to consider owners voting may not have any prior knowledge on the issue, or that English may be their second language. As such, keeping the motion clear and concise will assist individuals when placing their vote.