A lot owner had some concerns about a motion that was scheduled to be voted upon at an upcoming AGM. The issue was around the motion wording, the explanatory note, and the attached quotation to the Notice of meeting. Written and verbal clarification had been sought from the committee and specifically the committee member who had organised the quotation. However, the lot owner remained dissatisfied after those interactions.
In these situations, our advice is to follow one or more of the following options –
- Seek additional advice from the BCCM help line or a lawyer skilled in body corporate matters.
- Raise the issue(s) for debate and discussion with attendees at the AGM before the motion is voted.
- Propose an amendment to the motion that satisfies your concerns.
- Ask the chairperson to rule the motion as out-of-order on the basis of unreasonableness.
- Vote against the motion and through the debate process, encourage others to follow your lead.
- Raise a dispute with the BCCM Commissioner’s office if the motion is passed and you consider the decision or the decision process as unreasonable.
All decisions of a body corporate are required to be reasonable. This means, all circumstances surrounding a decision must be considered. Lot owners are entitled to expect sufficient information to have been provided to enable them to make an informed decision. The information provided, and the decision they subsequently make, should reflect what an ordinary person would consider as reasonable.