Question: At a committee meeting, I proposed a motion concerning a topic under discussion for the committee to adopt. The topic had been included in the meeting agenda. The strata manager ruled the proposed motion ‘out of order’. Is this correct?
A committee meeting was called by our strata manager with a written agenda containing a few fully written-out motions.
At the meeting, I proposed a motion concerning a topic under discussion for the committee to adopt. The topic had been included in the meeting agenda. It was not an issue that required approval at a general meeting.
Our strata manager was chairing the meeting. She ruled my proposed motion ‘out of order’ because the actual wording had not been included in the published agenda for the meeting.
I have been on strata committees for over 30 years. My understanding is that motions for a general meeting have to be written out clearly in the agenda, but at committee meetings, matters can be raised under a heading of ‘other business’ or under category headings such as: ‘discuss reports of leaking roof over lot 4’. In this scenario, an issue can be raised, a discussion held and a motion drawn up and voted on at the meeting.
Under the strata manager’s ruling, you couldn’t even raise an issue and propose a motion to be included in the agenda for the next committee meeting, unless it had been fully written out in the agenda.
Answer: A notice of strata committee meeting must include a “detailed” agenda pursuant to the requirements of the strata legislation.
Unfortunately, your strata manager is correct.
A notice of strata committee meeting must include a “detailed” agenda pursuant to the requirements of the strata legislation. In your scenario, passing a motion that was not included in the agenda would deny proper notice being given to all owners/committee members etc., and, in turn, deny owners the right to oppose the proposed decision by the strata committee or raise queries prior to the strata committee passing any resolution.
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