Think Nicholsons

Oct 28

Body Corporate Tips – Motions with alternatives

Two owners have put submitted motions that propose to deal with the same issue in different ways and the committee favours a third alternative – what do I need to know?

There is often more than one way to complete a task. For example, suppose a lift in a scheme needs repairs. Expert advice is sought, which provides the following options:

  • Minor upgrade
  • Major upgrade
  • Replacement

Section 72 of the Body Corporate and Community Management (Standard Module) Regulation 2008 (or its equivalent) will apply.

It requires that the voting paper must list the substance of each of the original motions, as alternatives, under one motion submitted by the committee i.e. a motion with alternatives.

So in the example above, the basic format of the motion would be:

Motion No. _____ [Ordinary Resolution]                        Submitted by: The Committee

Motion with alternatives – to vote on this motion, Vote “Yes” or “No” to the motion and if voting “Yes” vote for one of the alternatives:

Upgrade or replacement of Lift Yes No Abstain
Alternative A - Minor Upgrade






Alternative A1 - Company A
Yes No
Abstain
Alternative A2 - Company B
Yes No
Abstain







Alternative B - Major Upgrade





Alternative B1 - Company A
Yes No
Abstain
Alternative B2 - Company B
Yes No
Abstain







Alternative C - Replacement





Alternative C1 - Company A
Yes No Abstain
Alternative C2 - Company B
Yes No Abstain

Explanatory note accompanying motion

Importantly, if more than one motion about the same issue is listed on the agenda, or stated in a voting paper, for the meeting, all motions about the issue are void.

The legislation does not give an adjudicator any discretion about whether a motion should be declared void, when it is not listed as part of a single motion with alternatives.

If you would like to discuss any of the above issues, or body corporate issues more generally, please telephone Bronwyn Ablett on (07) 3226 3944.

Bronwyn Ablett

Senior Associate
Bronwyn has experience in the litigation and resolution of disputes predominantly in the Supreme and District Courts and also in the Magistrates Court . Those disputes have included complex commercial disputes, including proceedings against the State.