sec.44

sec.44 Opportunity to submit agenda motions [ SM, s 86 ]

A motion for consideration at a general meeting of the body corporate may be submitted at any time by— a member of the body corporate; or the committee. Subsection (3) only applies in relation to the first annual general meeting of a body corporate. If a motion is submitted by a member of the body corporate before the first annual general meeting, it must be included on the general meeting agenda if it is practicable to include the motion. Subsections (5) to (8) apply in relation to all other general meetings of a body corporate. If a motion is submitted, including by a member of the body corporate in response to an invitation under subsection (8) , it must, subject to subsections (6) and (7) , be included on the next general meeting agenda on which it is practicable to include the motion. A motion submitted by a member of the body corporate may be included on the agenda for an annual general meeting only if the secretary receives the motion before the end of the body corporate’s financial year immediately preceding the meeting. However, a motion of a following type must not be included on the agenda for a general meeting if the motion’s inclusion would result in the body corporate considering a motion of that type more than once in a financial year for the body corporate— a motion proposing that the remuneration paid to a particular service contractor be changed; a motion proposing that the engagement of a person as a service contractor, or the authorisation of a person as a letting agent, be amended if, as a result of the amendment, the engagement or authorisation would include a right or option of extension or renewal. If a notice is forwarded to members of the body corporate inviting nominations for committee member positions to be filled at an annual general meeting of the body corporate, the members must also be invited to submit motions for inclusion on the agenda for the meeting. (sec.44-ssec.1) A motion for consideration at a general meeting of the body corporate may be submitted at any time by— a member of the body corporate; or the committee. (sec.44-ssec.2) Subsection (3) only applies in relation to the first annual general meeting of a body corporate. (sec.44-ssec.3) If a motion is submitted by a member of the body corporate before the first annual general meeting, it must be included on the general meeting agenda if it is practicable to include the motion. (sec.44-ssec.4) Subsections (5) to (8) apply in relation to all other general meetings of a body corporate. (sec.44-ssec.5) If a motion is submitted, including by a member of the body corporate in response to an invitation under subsection (8) , it must, subject to subsections (6) and (7) , be included on the next general meeting agenda on which it is practicable to include the motion. (sec.44-ssec.6) A motion submitted by a member of the body corporate may be included on the agenda for an annual general meeting only if the secretary receives the motion before the end of the body corporate’s financial year immediately preceding the meeting. (sec.44-ssec.7) However, a motion of a following type must not be included on the agenda for a general meeting if the motion’s inclusion would result in the body corporate considering a motion of that type more than once in a financial year for the body corporate— a motion proposing that the remuneration paid to a particular service contractor be changed; a motion proposing that the engagement of a person as a service contractor, or the authorisation of a person as a letting agent, be amended if, as a result of the amendment, the engagement or authorisation would include a right or option of extension or renewal. (sec.44-ssec.8) If a notice is forwarded to members of the body corporate inviting nominations for committee member positions to be filled at an annual general meeting of the body corporate, the members must also be invited to submit motions for inclusion on the agenda for the meeting.

• (a) a member of the body corporate; or
• (b) the committee.
• (a) a motion proposing that the remuneration paid to a particular service contractor be changed;
• (b) a motion proposing that the engagement of a person as a service contractor, or the authorisation of a person as a letting agent, be amended if, as a result of the amendment, the engagement or authorisation would include a right or option of extension or renewal.