NSW: Q&A Who sets the agenda, Explanatory notes [PLUS a Sample Motion]

 

Question: I requested a Motion be included on the Agenda of a General Meeting. The Strata Manager failed to include the Motion. Are they in breach of the legislation?

I requested a Motion be included on the Agenda of a General Meeting. The Strata Manager failed to include the Motion. Also, I had submitted a second motion which was included, however the Strata Manager failed to include a significant paragraph pertaining to the Motion.

I have emailed the Strata Manager’s principal but there is no interest in addressing the issues.

I would like to complain to the NSW Fair Trading and/or the applicable Authority responsible for the compliance of Strata Managers. Any suggestions for the best way to pursue these issues.

Answer: If you are certain that the strata manager didn’t exclude your motion due to some technical deficiency or because the agenda had already been issued, the strata manager is in breach of the strata legislation

If you are certain that the strata manager didn’t exclude your motion due to some technical deficiency or because the agenda had already been issued, the strata manager is in breach of the strata legislation: see Schedule 1, Clause 4:

4 Inclusion of matters on agenda

1. Any owner, or any person entitled to vote at a general meeting of an owners corporation, may require a motion to be included in the agenda of the next general meeting of the owners corporation.
2. The requirement is to be made by written notice given to the secretary of the owners corporation that:
   1. sets out the required motion, and
   2. states the name of the person making the requirement, and
   3. includes an explanation of the motion of not more than 300 words in length.
   4. The secretary must give effect to the requirement.

You may wish to draw this provision to the attention of the strata manager.

Alternatively, you may wish to report the manager to NSW Fair Trading or Strata Community Australia or seek mediation on the matter.

For the full question and our detailed response, visit the original publication at Look Up Strata.

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