In Queensland, a Lot owner in a body corporate scheme has the opportunity to submit motions for consideration at General Meetings at any time.
For an owner’s motion to be considered at the Annual General Meeting, it must be received by the Secretary or Body Corporate Manager by the last day of the Body Corporate’s financial year. Otherwise, if a motion is submitted at any other time, it must be included on the agenda of the next Extraordinary General Meeting, whenever one is held.
The Secretary or Body Corporate Manager must issue an invitation to submit motions to all Lot owners at least three weeks, but not more than six weeks prior to the Body Corporate’s end of financial year.
If a motion is submitted from an owner, it must be included on the agenda of the general meeting in the form that it is submitted (i.e. without changing the wording).
For a motion to be considered, it must:
- it must be lawful, within the power of the body corporate to enact and must be capable of being voted upon with a clear YES or NO vote by Lot Owners (or owners may ABSTAIN to the motion);
- The Motion needs to have a clear outcome if it is supported by the members.
- If a motion proposes expenditure, then a copy of a quotation must accompany the motion for amounts up to $10,000.00; for proposed expenditure above $10,000.00, copies of 2 quotations will be required.
The Regulation Module (2008) prevents some motions from being considered more than once each year. Motions from Owners may be accompanied by an explanatory note of up to 300 words. The motion and the explanatory note will be placed on the Agenda, Voting Papers and within the Schedule of Explanatory Notes as presented to the Secretary. The type of Resolution – Ordinary, Special, Majority or Resolution without Dissent – must be advised by the Owner moving the motion.
If more than one motion is received regarding the same subject, the voting paper must list, as alternatives, the substance of each original motion submitted.