Meeting Agendas - who gets to decide?

Updated: Jul 12, 2020

Have you ever wondered why the same motions get proposed each year and who gets to decide what gets included on the meeting agenda?

The Unit Titles Act 2010 sets out the mandatory and procedural motions that must be decided and voted on every year - these are the same motions you see on the agenda every year. All other motions are considered discretionary and relate to the day-to-day objectives or general policy making of the body corporate, such as raising a special levy, approving capital improvement expenditure, changes to body corporate rules or a range of other operational matters. The committee usually decide which discretionary motions should be presented to the Body Corporate to be decided on.

The Notice of Intention says I can propose matters for discussion – is this the same as proposing motions for the agenda?

The Notice of Intention invites owners to propose matters for discussion at the meeting[1]. This is different to proposing motions to be voted on. If an owner wished to propose a motion to be included on the agenda this would need support of 25% or more of the unit owners and delivered to the Body Corporate Chairperson in accordance with the Unit Titles Act.

All matters proposed for discussion are placed under the General Business section of the meeting agenda. General business can only be discussed and matters arising from general business cannot be voted on unless 100% of the legal owners are present at the meeting, fully paid up, and able to cast their vote.

A general guide for submitting matters for discussion

If you wish to propose matters for discussion, these matters should.

Be relevant and relate to the body corporate's objectives or its general policies.
Be valid for discussion (i.e does not contravene the Unit Titles Act)
Provide benefit to the meeting and the body corporate, and not be for individual gain.
Not be of a personal or inflammatory nature to any member or attendee.
Disclose any conflicts of interest.
Reach the person preparing the agenda before the close off date stated on the Notice of Intention.

In summary the Committee, or the Body Corporate Chairperson (where no committee has been formed) will decided what matters get placed on the meeting agenda.

[1]Unit Titles Regulation 5(4)(e )

Got a matter you would like voted on, but don’t know how to get it on the agenda?

M: 021 424843 // E: info@ebcl.co.nz