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Motions are one of the key ways decisions are made in a body corporate. Whether the issue is minor maintenance, enforcement of by-laws, or a significant financial decision, motions provide a formal mechanism for lot owners and committees to propose actions and have them properly considered.
While the concept of a motion is straightforward, the success of your proposal often comes down to how it is written and submitted. Poorly drafted motions are a common reason decisions are delayed, disputed, or ruled out of order at meetings.
What Is a Motion
A motion is a written proposal asking the body corporate or committee to make a decision or take a specific action. Motions are voted on, either by the committee or by lot owners at a general meeting, depending on the nature of the decision and the powers available under Queensland legislation.
Motions are a powerful tool for shaping how a body corporate operates, but only when they are submitted to the right decision-maker and drafted with care.
Who Can Decide on a Motion?
Body corporate decisions are made in two ways:
- Committee decisions — for most day-to-day and operational matters
- General meeting decisions — for more significant or restricted matters that require owner approval
Individual committee members, body corporate managers, and on-site managers cannot make decisions on their own unless formally authorised.
Additionally, non-financial lot owners – those who have unpaid body corporate contributions, cannot vote on motions at general meetings, although they can still submit motions and attend meetings.
Submitting Motions for Committee Decision
Lot owners may submit motions in writing to the secretary for committee consideration. This pathway is appropriate for matters within the committee’s authority, such as:
- Minor maintenance and repairs
- Routine approvals under by-laws
- Operational issues affecting common property
- Spending within the committee’s financial limit
- Pet applications
The committee must decide an owner’s motion as soon as reasonably practicable, usually within six weeks. If additional time is required, the committee must notify the owner in writing and may extend the decision period by up to a further six weeks.
The committee must not decide a motion if it:
- Is a restricted issue for the committee
- Conflicts with legislation, the regulation module, or by-laws
- Is unlawful or unenforceable
- Conflicts with a motion already decided at that meeting
If the committee cannot decide the motion, or if it is declined, the owner may submit the proposal for consideration at a general meeting.
Submitting Motions for General Meeting Consideration
Some matters must be decided by lot owners voting at a general meeting. These typically include:
- Major expenditure above committee limits
- Changes to by-laws
- Budget and levy decisions
- Certain contractual or governance matters
Owners may submit motions for general meetings at any time during the year. If received in time, the motion must be included on the agenda of the next general meeting where it is practicable to do so. The wording of an owner’s motion cannot be changed when it is placed on the voting paper.
Only motions listed on the agenda and voting papers can be voted on.
What Makes a Motion Valid and Enforceable?
For a motion to be properly considered, it must:
- Be submitted in writing
- Be clear and unambiguous
- Be lawful and enforceable
- Include any required supporting documents, such as quotations for proposed works
Even if a motion is flawed, the committee generally cannot refuse to include an owner’s motion on the agenda. However, the chairperson may rule it out of order at the meeting if it conflicts with legislation or cannot realistically be implemented.
Drafting Motions That Work: The CLEAR Test
A useful way to assess whether a motion is well drafted is to apply the CLEAR principles:
- Concise – Does the motion clearly state what is being proposed, without unnecessary detail or multiple issues?
- Legal – Is the proposal consistent with legislation, the regulation module, and the scheme’s by-laws?
- Economic – Does the motion identify costs and funding sources, or whether a special levy is required?
- Action-based – Is there a clear action for the committee or body corporate to carry out?
- Realistic – Is the proposal achievable and likely to gain owner support?
Motions should be written so they can be implemented without further decisions being required.
Supporting Documents and Quotes
When a motion involves spending body corporate funds or approving works, providing supporting documentation is essential.
This can include quotations for the proposed work, expert reports or advice, and relevant plans, specifications, or warranties. Including these materials helps owners make informed decisions and reduces the risk of the motion being deferred or challenged.
In cases where multiple options are proposed for the same issue, they may need to be listed as same-issue motions on the agenda to allow owners to vote on each alternative.
Using Explanatory Notes
Owners may attach explanatory notes to support their motion at a general meeting. These notes:
- Are optional but strongly recommended for complex matters
- Must be no more than 300 words
- Are included with the meeting notice as a separate schedule
Explanatory notes allow you to explain the background and reasoning behind the motion without cluttering the motion wording itself.
Common Mistakes to Avoid
Some of the most common issues that undermine owner motions include:
- Submitting a committee-level issue to a general meeting (or vice versa)
- Using vague language such as ‘investigate’ or ‘look into’ without a clear outcome
- Failing to include quotes or funding details
- Combining multiple issues into a single motion
- Proposing actions the body corporate has no power to enforce
These mistakes can lead to motions being ruled out of order or failing to achieve any practical result, even if passed.
Practical Tips for Owners
- Start preparing your motion early to allow time for quotes and discussions
- Talk to committee members or the body corporate manager before submitting
- Keep motions focused on one issue at a time
- Gauge support from other owners where possible
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