Q&As from Group of same issue motions webinar

You have provided examples, but you've not actually shown how you recommend the group of motions are presented on a page, i.e. the voting options, what would this look like?

The legislation doesn’t provide what it would look like on an agenda or a voting paper, therefore we are unable to provide this information. Keep an eye out for more resources that may be made available.

How are we supposed to number the motions for example 1 2,3,4 etc or 2a, 2b, 2c?

The legislation isn’t specific on the numbering of the motions. Perhaps the body corporate committee will work out how to present the motions, or with assistance of the body corporate manager.

If not written as 2a, 2b and 2c, then how is it made clear to members that the motions are same issue? If the subject is simple this may be easily identified but as some same issue motions aren't, I can see this causing confusion for some people.

Section 88 of the new Standard Module provides that the voting paper must list the original motions under a title of the group of same-issue motions.

Is there suggested wording that can be used in the explanatory notes to explain how to vote, count and how the decision is made?

Section 90 of the new Standard Module provides an example of an explanatory note.

Does this also apply to Accommodation Module?

Yes it does.

Are there any limitations on what is voted on through this method?

No, an owner can submit a motion about anything they like, it must be included as it is written. This method is used when there are multiple motions dealing with the same issue.

Is it correct to say that the number of abstentions received on group of same-issue motions is irrelevant for the purposes of determining the winning motion?

Yes. The legislation refers to counting the number of votes for and against the motion, for deciding whether a qualifying motion becomes the decision of the body corporate.

Our body corporate manager puts our agenda together. If there were two motions about the same issue, who rewrites the agenda?

Whilst a body corporate manager may assist the body corporate by preparing the agenda, under the expiring and new Standard Module the committee is responsible for preparing the agenda for each general meeting of the body corporate. Section 89 of the new Standard Module provides that the committee must list the original motions as a group of motions dealing with the same issue on the voting paper for the general meeting. There will be no need to re-write any motions, they will appear on the agenda as they are written by the submitter of the motion. They will both appear under a heading for the group of same-issue motions.

You state the explanatory notes of the original motions must be no more than 300 words. Does this apply to a committee original motions e.g. committee does not currently have a word limit, only owners.

Yes, an owner is limited to 300 words, if the committee puts forward an explanatory note, there is no limit on the number of words. If a committee member puts forward a motion themselves as an owner, they are restricted to 300 words.

Can a lot owner vote both yes and no on one resolution?

An owner can vote ‘for’ any motion, ‘against’ any motions or ‘abstain’ from any of the motions included in the group of same-issue motions.

Is it correct that if there is an additional motion on the same subject then all of them are void?

If motions about the same subject haven’t been put into a group of same-issue motions, all motions are void.

You have shown examples with different resolution types, I gather that you used the voting principles for a special resolution when taking the vote count for each motion?

Yes, however the examples were not to demonstrate how to calculate the resolution types, rather to demonstrate the steps involved in deciding a group of same-issue motions. Refer to our web page ‘general meeting resolutions’ for how to determine the outcome of the different resolution types.

If the meeting notice is issued in February under the old regulations but the meeting is not being held until March when the new regulations come in, should the AGM notice be compiled under the old or new regulations?

There are transitional provisions. If the meeting was called before the new regulations commence then the old meeting rules apply. The committee may want to consider when they are able to call and hold a meeting.

Can the committee add an option to an owner’s motion?

The committee cannot amend an owner’s motion. However, the committee can put forward a motion themselves, which will become another original motion in the group of same-issue motions.

Is there anything that restricts a voter from voting yes to all of the same-issue motions?

No, they can vote yes to as many as they want.

As the 'same issue' is an opinion, who decides if it is really the same issue?

The legislation provides the committee is responsible for preparing the agenda, so perhaps the committee will decide if they are about the same issue.

With regards to timing of the legislation being 1 March 2021, agendas clearly will be going out in February for March meetings - will the agendas sent in February need to have this included so that when the meeting is held it is compliant?

No, if the meeting is called before the new Standard Module commences, the expiring Standard Module meeting rules apply.

Can a diagram or photo be included as well as written 300 words as explanatory note?

Section 90 provides that the submitter of a motion can give an explanatory note of no more than 300 words, it does not provide any further information. Refer to our web pages, ‘drafting motions’ and ‘submitting’ motions for more information.

Must the explanatory schedule repeat the terms of each motion (which would also be contained on the actual voting paper), not just the submitter's explanatory information in relation to the motion?

Section 90 of the new Standard Module provides that the explanatory schedule must include the title of the group, a list of each motion, each original motion in the form it was submitted and the explanatory notes.

If the committee gets two different motions from two different owners on the same issue, do they have to create a same-issue motion?

The committee is responsible for preparing the agenda and listing the motions in a group of same-issue motions, this is the same for a motion with alternatives under the expiring Standard Module.

If the issue is essentially the same issue (such as lift contract) but the two motions are worded slightly differently (such as lift maintenance for one and lift repair for another), how close do the motions have to be listed?

There is no provision to not include both motions if they are only slightly different. If they are about the same subject, they are both included as original motions in the group.

Can you explain again what makes a qualifying motion?

The motions in the group have to meet their resolution type when the votes are counted for them to pass and become a qualifying motion. If a motion does not pass by its resolution type it does not become a qualifying motion.

Can you please explain again what you described in the webinar about usage of secret ballot papers and open ballot papers?

Section 88 of the new Standard Module provides that the voting paper for open motions only lists the open motions, the secret ballot paper only lists the motions to be decided by secret ballot.

Did you discuss the option of poll vote with regards to group of same-issue motions?

There have been no changes to the BCCM Act in relation to poll voting.

If there is a dispute within the committee about whether a motion has qualified, who decides?

The legislation determines how to count the votes and the chairperson declares the outcomes at the meeting. It is not a decision of the committee.

What was the fault that needed rectifying under the old motion with alternatives system, and how does the new system avoid this?

There was often confusion when dealing with a motion with alternatives where the alternatives, if they were stand-alone motions would have different resolution types. Also, owners were restricted to the choice of only one alternative. Under the new Standard Module, the resolution type is applied to each original motion, rather than to the whole group.

You can refer to the explanatory note for the new Standard Module   .

Will this also apply for the same project but accepting the quote from contractor A or contractor B?

If contractor A and B are the two alternative ways of dealing with the same issue, they would be put into a group of same-issue motions.

Is this a new invention for strata voting in QLD or can I look, at this system operating in other States?

This webinar relates to changes under the Standard Module regulation only which is Queensland legislation, we cannot provide information about other state’s legislation.