Motions and resolutions are the fundamental mechanisms of making things happen in a strata building. Just about everything that happens in a strata scheme should be done under the authority of a motion and resolution.

Alex Ilkin, the author of the leading text book on the subject of strata law states:

The principal purpose of owners corporation meetings is to consider motions and vote on them. A motion is defined as a proposal for consideration by an owners corporation or executive committee. If a motion is passed, it becomes a resolution of the owners corporation and the decision should be implemented. If the motion fails to be carried by the appropriate majority of votes it is rejected and fails.

Strata schemes and community schemes management and the law, Alex Ilkin, 1998

This website is full of sample motions designed to assist you in the renovation process. In many cases you will be able to find a standard motion that with minor edits can be made to suit your purpose. If you cannot locate a suitable motion (after using the "search" function) consider starting with a similar motion and then speak to your strata managing agent. If in doubt seek professional assistance.

Writing motions

Much of the business of running a strata schems is involved in writing the motions that are put to one of the decision makers in an owners corporation. Writing motions is not a trivial matter and professional assistance often is needed. For many strata renovations, drafting a well-considered motion is arguably the most important single step in the renovation process.

The wording of a motion and resolution depends on a number of factors, the main factors for strata renovations are listed below.

This page outlines the major considerations when drafting motions for strata repairs.

Types of motions and resolutions

From the outset it is important to note that there are many different types of motion and resolution, the following is a summary of the types of motions and the main considerations for each:

1. Motions requiring a unanimous resolution: Fortunately these circumstances are reasonably rare, indeed these provisions rarely apply to strata renovations. A unanimous resolution is required for example to distribute surplus funds, acquire by transfer or lease additional common property and the payment to an owner in respect of dealings involving common property. There are a number of sections where the Act states that a unanimous resolution is required. If this applies then you should normally seek specialist advice from your strata managing agent or a Specialist Strata Solicitor. Motions requiring a unanimous resolution cannot be delegated to the executive committee or the strata managing agent. The Act requires that a unanimous resolution occur at a general meeting and it defines unanimous in the terms that "against which no vote is cast". In other words, if someone wishes to vote against the motion, they must attend the meeting, either in person or by proxy.
2. Motions requiring a special resolution: Motions which require a special resolution are reasonably common, in fact most renovations could be interpreted as requiring a special resolution. The range of circumstances which require a special resolution include a plan of subdivision, the amendment, addition or repeal of bylaws, to pass an exclusive use or special rights bylaw, decision with respect to deciding if it is inappripriate to maintain, renew, replace or repair a particular item of common property. Motions requiring a special resolution cannot be delegated to the executive committee or the strata managing agent. The Act requires that a special resolution occurs at a general meeting and voting is defined in the terms that not more than one-quarter of all votes are cast against the motion. Exclusive use and special rights bylaws are often required for strata renovations.
3. Motions requiring an ordinary resolution in a general meeting: Some "ordinary" resolutions do require a general meeting. These include deciding what powers can be delegated to the executive committee or the strata managing agent, and the annual motions of adopting the financial statements and confirming the minutes of the last general meeting of the owners corporation. Motions requiring an ordinary resolution in a general meeting cannot be delegated to the executive committee or the strata managing agent.
4. Motions requiring an ordinary resolution: By definition, all other motions can be determined by an ordinary resolution which can therefore be delegated to the executive committee or the strata managing agent. In fact, much of the business of managing a strata scheme can be passed by an ordinary resolution. There are always some exceptions, your strata managing agent will be able to advise. For example, as a "rule-of-thumb", unless determined otherwise any resolution concerning repairs can be determined by an ordinary resolution. But the exceptions are very important for strata renovations.

What section of the Act applies?

Generally speaking, a specialist strata law solictor will advise their clients to refer to the exact section of the Act that applies to the motion.

This sounds somewhat confusing, but for most renovation projects there are essentially only a few options which are as follows:

• section 62 etc
• etc

Who is seeking to do what?

XXXX

• etc
• etc

What are they seeking to do?

XXXX

• etc
• etc

Any limitation to what is proposed?

XXXX

• etc
• etc

How do they propose to do it?

XXXX

• etc
• etc

Any limitation to what is proposed?

XXXX

• etc
• etc

How to safeguard the interests of the owners corporation and other owners?

The timeframe when it is proposed to conduct and complete the renovation works?

Who is going to consider the motion?

The next major consideration is who is going to consider the motion. The options are as follows:

1. the executive committee;
2. a strata managing agent; or
3. the owners corporation.

If the matter is simple, in many cases the strata managing agent or the executive committee may be able to consider the motion, and approve it, in which case it then becomes a resolution of the owners corporation.  However most renovations will require either an ordinary motion at a general meeting and/ or a special resolution at a general meeting.

What are you seeking to do?

This site is about renovations, but "renovate" is not a word that appears in the Act. Rather the Act talks in terms of "repair and maintenance", "improvements", "special privilege" and "exclusive use". These are all different legal concepts and in many cases different types of motions are required.

In many cases this is trivially simple to determine, for example section 62 of the Act covers repairs and maintenance. In other renovation situations, particularly where a renovation might impact common property, the drafting of a motion or many motions can be far more complex.

Consider also what approvals or actions you are seeking, for example early in the process of carrying out a renovation you may seek a motion to approve the works etc and submit the forms to the local Council for approval. Assuming that the owners corporation and the Council then approve the renovation, you will then be required to submit other forms to Council, for example the application for a Construction Certificate. In many cases this will also need a motion before it can be signed and sealed.

Many renovation projects will also require the owners corporation to sign, execute and seal a construction contract. This will also require a motion. And along the way, other motions may be required for variations, progress payments and final payments etc.

This site provides a comprehensive selection of motions that cover many of the most common situations that you are likely to encounter in a building renovation project.

Identify the works

This sounds obvious, but all motions should clearly, precisely and accurately refer to the works that you propose to do. Ideally you will provide both a text description and also a plan.

Other considerations

Some other important considerations are as follows:

• Rescinding a motion: Note that motions and resolutions can be rescinded. But to rescind a motion generally can only be done by holding another meeting of the same class and placing a motion on the agenda to the effect that the prior motion is to be rescinded.
• Retrospectivity: Note also that the concept of retrospectivity does not exist in strata. Therefore it is procedurally incorrect to draft a motion to the effect of correcting or approving a previous event or renovation.
• Ratification: Finally it is also important to note that the concept of ratification does not exist in strata law. For example, some strata schemes attempt to delegate powers to the strata managing agent (which cannot be delegated), and then have a mechanism of "ratification" of his or her decisions after the event at the next general meeting or similar. This is also quite improper.

Who, What, Where, When, How and Why

Checking the motion

Many professions (police, fire brigade, army etc) are taught to write reports in the following format:

• Who
• What
• Where
• When
• How
• Why

This is a very effective tool when you have finished your motion. If your motion addresses all of these points it is probably a good motion.

Good motions

If you want to renovate your apartment, and you are concerned that not everyone is going to support you, or you are concerned that there might be potential problems, then you want to ensure that you have a good and strong motions.

A good motion is like an insurance policy. If something goes wrong, it then ....