Wednesday, October 21, 2020

Drafting a strata motion

Drafting a strata motion, strata motion example

The general rule of thumb when drafting a strata motion is that a motion must be worded in such a way that owners can respond with a simple yes or no. The motion must be actionable and should be CLEAR so that a resolution can be implemented.

For example, instead of proposing that ‘the owners corporation investigate ways of fixing a water leak in apartment 99’, you should propose that ‘the owners corporation accept the attached quotation from Control Engineers to report on methods and costings to fix the water leak in apartment 99’.

You need to Get Smart and there is nothing like a good acronym to help out here. Motions you put forward need to be CLEAR. That is, Concise, Legal, Economic, Action-based and Realistic.

Strata motion example

“That the owners, of Strata Plan xxxx, resolve to purchase an artwork for the lobby at cost of $8,000 including GST before Christmas of this year by accepting the quotation from ABC artist being the lesser of the two quotes attached.”

This strata motion example is CLEAR because it is;

C Concise it relates to a particular thing, the artwork
L Legal it doesn’t conflict with another by-law
E Economic two quotes were sort and are attached.
A Action-based there is a call to action, to buy the artwork
R Realistic the timing is logical and capable of being me

You need to consider if your proposed strata motion affects or requires the amendment of existing by-laws, or creation of new by-laws. If this is the case, you will be required to draft new by-laws for consideration as an additional motion.

No matter how good your idea is, if you propose something that goes against the by-laws the chairperson has no choice but to rule your motion ‘out of order’.

Tips for drafting a strata motion:

  1. Give yourself enough time. Prepare well in advance.
  2. Be very specific and explain in detail what you are proposing.
  3. Propose a time frame for commencement and completion
  4. Make sure your motion isn’t in conflict with your schemes by-laws or legislation
  5. Follow the CLEAR process

The next step is how to include a motion on the agenda.

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