sec.38Group of same-issue motions [ SM, s 89 ]

sec.38 Group of same-issue motions [ SM, s 89 ]

This section applies if 2 or more motions (the original motions ) proposing alternative ways of dealing with the same issue are submitted, under section 36 , for consideration at a general meeting of the body corporate. The secretary of the body corporate receives motions from 3 owners of lots proposing the engagement of a person as a body corporate manager and each motion proposes a different person. The committee must list the original motions as a group of motions dealing with the same issue (a group of same-issue motions ) on a voting paper for the general meeting. A voting paper for a group of same-issue motions must also— set out the motions that are part of the group under the title of the group of same-issue motions as shown on the agenda for the meeting; and list the motions that are part of that group in the following order— motions requiring a resolution without dissent; motions requiring a special resolution; motions requiring an ordinary resolution. A person who is a voter for the general meeting may do any or all of the following in relation to the original motions that are part of a group of same-issue motions— vote in favour of 1 or more of the motions; vote against 1 or more of the motions; abstain from voting on 1 or more of the motions. An original motion that receives the required number of votes to pass the motion qualifies (a qualifying motion ) to be a decision of the body corporate. If there is only 1 qualifying motion, the qualifying motion is the body corporate’s decision for the group of same-issue motions. If there is more than 1 qualifying motion, the qualifying motion that receives the highest number of votes in favour of the motion is the body corporate’s decision for the group of same-issue motions. Suppose that 3 original motions proposing improvements to the common property are submitted for consideration at a general meeting for a scheme with 6 lots. The motions listed as original motions are as follows— Original motion A which proposes improvements that would cost an amount that must be authorised by special resolution; Original motion B which proposes improvements that would cost an amount that must be authorised by special resolution; Original motion C which proposes improvements that would cost an amount that may be authorised by ordinary resolution. Original motion A receives 5 votes in favour of, and 1 vote against, the motion and would pass as a special resolution. Original motion B receives 4 votes in favour of, and 1 vote against, the motion and would also pass as a special resolution. Original motion C receives 3 votes in favour of, and no votes against, the motion and would pass as an ordinary resolution. Therefore, each original motion is a qualifying motion of the group of same-issue motions. As original motion A is the qualifying motion that receives the highest number of votes in favour of the motion, it is the decision of the body corporate, under subsection (7) , for the group of same-issue motions. However, if there are 2 or more qualifying motions that each receive an equal highest number of votes in favour of the motion, the qualifying motion that receives the fewest votes against the motion is the body corporate’s decision for the group of same-issue motions. If there is more than 1 qualifying motion and the qualifying motions each receive an equal highest number of votes in favour of the motion and an equal number of votes against the motion, the qualifying motion that is the body corporate’s decision must be decided by chance in the way the meeting decides. Other than for an original motion that is part of a group of same-issue motions, if more than 1 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. (sec.38-ssec.1) This section applies if 2 or more motions (the original motions ) proposing alternative ways of dealing with the same issue are submitted, under section 36 , for consideration at a general meeting of the body corporate. The secretary of the body corporate receives motions from 3 owners of lots proposing the engagement of a person as a body corporate manager and each motion proposes a different person. (sec.38-ssec.2) The committee must list the original motions as a group of motions dealing with the same issue (a group of same-issue motions ) on a voting paper for the general meeting. (sec.38-ssec.3) A voting paper for a group of same-issue motions must also— set out the motions that are part of the group under the title of the group of same-issue motions as shown on the agenda for the meeting; and list the motions that are part of that group in the following order— motions requiring a resolution without dissent; motions requiring a special resolution; motions requiring an ordinary resolution. (sec.38-ssec.4) A person who is a voter for the general meeting may do any or all of the following in relation to the original motions that are part of a group of same-issue motions— vote in favour of 1 or more of the motions; vote against 1 or more of the motions; abstain from voting on 1 or more of the motions. (sec.38-ssec.5) An original motion that receives the required number of votes to pass the motion qualifies (a qualifying motion ) to be a decision of the body corporate. (sec.38-ssec.6) If there is only 1 qualifying motion, the qualifying motion is the body corporate’s decision for the group of same-issue motions. (sec.38-ssec.7) If there is more than 1 qualifying motion, the qualifying motion that receives the highest number of votes in favour of the motion is the body corporate’s decision for the group of same-issue motions. Suppose that 3 original motions proposing improvements to the common property are submitted for consideration at a general meeting for a scheme with 6 lots. The motions listed as original motions are as follows— Original motion A which proposes improvements that would cost an amount that must be authorised by special resolution; Original motion B which proposes improvements that would cost an amount that must be authorised by special resolution; Original motion C which proposes improvements that would cost an amount that may be authorised by ordinary resolution. Original motion A receives 5 votes in favour of, and 1 vote against, the motion and would pass as a special resolution. Original motion B receives 4 votes in favour of, and 1 vote against, the motion and would also pass as a special resolution. Original motion C receives 3 votes in favour of, and no votes against, the motion and would pass as an ordinary resolution. Therefore, each original motion is a qualifying motion of the group of same-issue motions. As original motion A is the qualifying motion that receives the highest number of votes in favour of the motion, it is the decision of the body corporate, under subsection (7) , for the group of same-issue motions. (sec.38-ssec.8) However, if there are 2 or more qualifying motions that each receive an equal highest number of votes in favour of the motion, the qualifying motion that receives the fewest votes against the motion is the body corporate’s decision for the group of same-issue motions. (sec.38-ssec.9) If there is more than 1 qualifying motion and the qualifying motions each receive an equal highest number of votes in favour of the motion and an equal number of votes against the motion, the qualifying motion that is the body corporate’s decision must be decided by chance in the way the meeting decides. (sec.38-ssec.10) Other than for an original motion that is part of a group of same-issue motions, if more than 1 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.