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Understanding New Legislation - Group of Same-issue Motions

After many years in the making, the new Body Corporate and Community Management regulations took effect on the 1 March, 2021.

Following is an explanation of Group of Same-issue Motions. This has been introduced to replace the Motion with Alternatives.

Under the new legislation, if there are two or more motions submitted, proposing different ways of dealing with the same issue, or for example more than one quote for the same works, these motions must now be listed on the meeting agenda as a ‘group of same-issue motions’.

  • Firstly, the motions are listed on the agenda under the title of ‘group of same-issue motions’.

  • A voter casts a vote for or against one or more of the original motions.

  • The votes are then counted to see if each original motion passes or fails.

  • If an original motion receives enough votes to pass, then it becomes a qualifying motion.

  • If there is only 1 qualifying motion, that motion is the decision of the body corporate.

  • If there is more than 1 qualifying motion, the votes in favour of each motion are counted.

  • If a motion received the highest number of votes in favour, it becomes the body corporate’s decision.

  • If 2 or more motions receive equal highest number of votes in favour, the votes are counted against the motion

  • If a motion receives the fewest votes against the motion, it becomes the body corporate’s decision

  • If more than 1 motion receives equal highest of votes in favour and equal highest number of votes against, the decision is made by chance, for example. the toss of a coin.

Please see below an example provided from the Office of the Commissioner for Body Corporate and Community Management.

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