If an owner has an issue they would like the Committee to vote on they can submit a motion for this. The legislation then sets out how the Committee can respond.
Once received, the Committee has six weeks to make a decision on the motion. They can do this by listing the motion on the agenda of a Committee Meeting or via a VOC.
If a reasonable reason can be given the Committee can be afforded a further six weeks to make a decision. The applicant should be advised of this in writing.
If a resolution is not made, the motion is deemed to be defeated. At that stage, owners could decide to seek further resolution via the Commissioner’s office.
Owners can submit a maximum of six motions per 12-month period. If an owner has reached the maximum limit the Committee must give written notice to the owner of that.
Owners submitting motions need to consider that a Committee is unable to make a decision if it is:
- A restricted issue for the committee i.e. outside of a spending limit or required to go to a general meeting.
- In conflict with the Act or regulations, by-laws, a motion already voted on at the meeting.
- Unlawful or unenforceable.
- A repeat of a motion that has already been voted on in the previous 12 months.
Motions can be submitted to the Committee via the Secretary or Body Corporate Manager.
They should be submitted in a form that the committee can respond to with a yes or no vote and can be accompanied by an explanatory note of up to 300 words.
Owners who are submitting motions should ensure that all required information is included in the motion and the explanatory notes so that the Committee can reasonably make a decision on the matter. The emphasis is on the applicant to ensure this happens. The Committee only needs to consider the information it is presented with.
We have created a handy Factsheet of this article for quick reference. You can download the pdf here.
If you would like to submit a motion for consideration by the Committee it can be sent via your body corporate manager: