Submitting a body corporate motion
A body corporate makes decisions in 2 ways:
- The committee makes most day-to-day decisions (e.g. approving minor maintenance).
- Lot owners make more important decisions by voting on motions at general meetings (e.g. setting budgets and body corporate contributions).
If you want your body corporate to make a decision, you can draft a motion to be considered by the committee or by your body corporate at a general meeting.
An owner’s motion must be put on the voting paper without any change to the wording.
The committee cannot refuse the motion even if it’s unlawful, unenforceable, or would conflict with the Body Corporate and Community Management Act 1997. However, the chairperson may rule it ‘out of order’ at the general meeting.
Read more about ruling motions out of order.
Drafting your motion
A motion must:
- be in writing
- include any necessary quotes and other documents
- be clear
- be enforceable.
When drafting a motion, consider if it meets legal requirements and is realistic.
Ask yourself:
- Am I clearly explaining what should happen so the body corporate can easily act on my proposal?
- Does the proposal have to meet any legislation requirements (e.g. building regulations)?
- Can my body corporate pay for this? Are there funds in the budget or will a special levy have to be raised? Should I be submitting 2 quotes under a group of same-issue motions instead?
- Have I outlined a clear action for my body corporate to take within a set timeframe?
- Can my body corporate achieve this?
- Is this something that other owners are likely to support?
Adding explanatory notes
When drafting a motion for a general meeting, you can add extra information to support it. These explanatory notes must be no longer than 300 words.
The committee must include a schedule of explanatory notes with the meeting notice.
The committee can also include its own explanatory note about a motion submitted by an owner. This note must be on a separate schedule and must be included with the meeting notice.
There is no word limit for the committee’s explanatory notes.
Learn more about:
Animal requests
Different rules apply to requests to keep or bring an animal onto a lot or common property.
Learn more about how to submit an animal request and the approval process.
Submitting your motion for general meeting voting
Owners can submit motions to be voted on at general meetings. The committee may also agree to submit motions to be voted on at a general meeting.
You can submit a motion to the secretary by:
- post.
The motion can be passed by either:
Annual general meetings
This information does not apply to the:
- Small Schemes Module
- Specified Two-lot Schemes Module.
You will be invited to submit motions for the annual general meeting at the same time as you are invited to nominate for the committee. You’ll get this invitation 3 to 6 weeks before the end of the body corporate’s financial year.
You don’t have to wait for an invitation. You can submit a motion to the secretary any time throughout the year.
For the first annual general meeting, you can submit a motion for the agenda any time before the meeting.
For the annual general meetings that follow, you must submit by the end of the body corporate financial year.
If you do not submit your motion by this cut off, you will have to wait until the next annual general meeting (or for an extraordinary general meeting to be called).
If submitted on time, the motion must be included on the agenda where possible.
The committee also submits motions for the agenda (including statutory motions). However, the committee doesn’t have the same time limits. They can submit motions any time before the notice and agenda are sent to owners.
Learn more about annual general meetings.
Extraordinary general meetings
Owners can also submit motions to be considered at extraordinary general meetings. You can do this any time throughout the year.
If a motion is submitted, it must be included on the agenda for the next meeting where practicable. This means there must be 'enough time’ from when the motion is received to when the meeting notice is issued for the committee to add it to the agenda. The Act does not provide an exact timeframe. It’s up to the committee whether there is enough time to include the motion.
Once-a-year motions
Some motions can’t be considered more than once in the body corporate’s financial year. These motions include:
- a change to the regulation module for the scheme
- changes to payments for a service contractor
- a right or option of extension or renewal to a service contractor or letting agent.
A motion shouldn’t be put on the agenda for a general meeting if it would mean a once-a-year motion was considered more than once in a financial year.
Multiple motions about the same issue
The motion will become a group of same issue motions if:
- you submitted 2 or more quotes with your motion
- 2 or more motions are submitted which propose alternative ways of dealing with the same issue.
See general meeting voting to learn more about same issue motions.
Submitting your motion for committee decision
As an owner, you can submit a motion to the secretary by:
- post.
The committee needs to decide on your motion within the ‘decision period’. This means as soon as is reasonably practicable within 6 weeks (6 weeks after the day you submit). Requests to keep or bring an animal on a lot or common property have different timeframes.
If the committee needs extra time, they must contact you in writing stating the extra time they need (6 more weeks at most). Your motion is considered declined if the committee doesn’t decide in the decision period (or within 12 weeks total if they needed extra time).
The committee does not have to decide on your motion if, within the previous 12 months, the same owner has submitted:
- a motion about the same issue
- 6 or more motions.
The committee must not decide a motion if it:
- is a restricted issue for the committee
- conflicts with the Act, regulations or by-laws
- conflicts with a motion already voted on at the meeting
- is unlawful or unenforceable for another reason.