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QLD: How to draft motions for your body corporate

The LookUpStrata Team
draft motions for your body corporate

This article is about how to draft clear, lawful, and effective motions for body corporate meetings to ensure proper decision-making and compliance.

Submitting a motion to your body corporate is one way owners can help make decisions about how their community titles scheme is run.

A motion is a request for action, and whether it’s a request for something to be maintained, proposing a new by-law or seeking approval for an improvement, a well-written one provides clarity of what you are asking to be voted on.

In this article, we’ll suggest how a written motion should be constructed to give your request the best chance of being accepted.

We will also provide real case examples and helpful tips on what to avoid so you can learn what works and why.

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What to include:

Before drafting a motion, it’s important to understand the basic requirements.

It must be in writing and should include any necessary quotes or documents, be clearly explained and be enforceable.

You should not ask the body corporate for a motion that legislation does not allow.

When you submit your motion, the committee must include the wording on the voting paper exactly as you proposed it.

Even if the motion is unlawful or conflicts with the Body Corporate and Community Management Act 1997, the committee still must include it.

However, if it’s unenforceable, unlawful or invalid the chairperson may rule it out of order at the meeting, so it is important to get it right.

If you’re submitting a motion to a general meeting, you may also include an explanatory note (up to 300 words).

This can explain your motion or provide additional information to be included with the meeting notice. The committee may also add an explanatory note on a separate page.

How to write clearly:

A well-written motion usually meets five key criteria:

The criteria are outlined below, with case studies to assist with how to improve your request.

Concise

The motion should be short, specific, and easy to understand.

Avoid vague wording, unnecessary background information, or combining too many issues in one sentence. A well-worded motion avoids confusion.

Case Study Example:

In Sunny Waters [2013] QBCCMCmr 428, the agenda wording left owners guessing. Motion 2 tried to confirm “previous minutes of previous meetings” without giving any dates.

Motion 5 included three separate matters, financial statements, budgets, and levies, in one line. The adjudicator said this vagueness and bundling were confusing and contributed to the decision to invalidate the whole AGM.

Don’t use:

This motion is unclear because it doesn’t specify the meetings being confirmed.

Do use:

This version leaves no doubt about the decision being made and ensures owners can vote with confidence.

Case Study Example 2:

In Watermark Residences [2021] QBCCMCmr 202, Motion 4 asked the body corporate to approve a new building-manager contract but described the term only as “the day after the EGM” and left the finish date blank.

The adjudicator called the wording “amorphous,” concluded that owners “could not understand the terms of such an agreement,” and declared the resolution invalid for lack of clarity.

Don’t Use:

Do Use:

Legal

Motions must follow your scheme’s by-laws, the Body Corporate and Community Management Act 1997 and associated regulations.

Some decisions, like changing a by-law or spending above certain thresholds, can only be made at a general meeting, not by the committee. Other motions may be invalid if they propose something the body corporate is not legally allowed to do.

Case Study:

In Chevron Renaissance [2023] QBCCMCmr 430, the body corporate approved two motions to engage pool and garden contractors. However, both failed to include the contract start and end dates, as required under section 125 of the Accommodation Module. The adjudicator declared the motions invalid.

Don’t use:

This motion is incomplete because it doesn’t state the contract’s start and end dates as required under the Accommodation Module.

Do use:

This version meets legal contract requirements by clearly stating duration and provider.

Amending by-laws

Proposing amendments to by-laws must be carefully worded to clearly state what is being changed and how it will be recorded. A well-drafted by-law motion should include both the existing by-law wording and the proposed new wording, along with the correct type of resolution – usually a special resolution. Only changes to an exclusive use by-law require a resolution without dissent.

The motion must also include a direction to record a new community management statement (CMS) reflecting the change.

Example: By-law amendment – special resolution (pets)

This motion makes the change clear, uses the correct resolution type, and ensures the CMS will be updated to reflect the decision.

Economic

When a motion involves spending body corporate funds, it’s important to give enough financial detail for owners to make an informed decision. The motion must state the cost of the proposed work or service, where the money will be drawn from (such as the sinking fund or a special levy) and include one or more quotes or tenders.

For major spending, two quotes must be included under the legislation.

However, these must not be included in a single motion. If there are multiple quotes addressing the same issue, such as selecting between different contractors for the same job, each quote must be presented as a separate, fully worded motion, so they can be presented as a group of same-issue motions by the committee.

This ensures transparency and prevents the chairperson from ruling one option out of order just because a different one appears earlier on the agenda.

Drafting motions that may be grouped as same issue

Sometimes there are alternative ways of dealing with the same issue. It might be that two quotes are needed, or different owners have conflicting views on how something should be dealt with. If this is the case, each option must be drafted as a separate motion.

If the committee receives alternative ways of dealing with the same issue all of the motion must be grouped together under a heading ‘group of same issue motions’.

Don’t use:

This motion is vague and combines multiple options in one sentence, making it hard for the committee to treat them as alternatives.

Case Study Example:

In Xanadu East [2011] QBCCMCmr 64, the adjudicator set aside Motion 16 because owners were asked to “refurbish the reception foyer” without a single quotation, budget figure or funding source.

She concluded that, in the absence of any quotations or details, the information given to owners was not reasonable and therefore the motion could not stand.

The decision also reminds committees that, where alternative contractors are being put to a vote, each quote must appear as its own fully worded motion so the secretary can list them as a group of same-issue motions under section 79 of the Accommodation Module.

Don’t use:

This motion may be invalid because it lacks cost details, quotes, and a funding source, making it impossible for owners to make an informed decision.

Do use:

These two motions deal with the same issue and are drafted separately so the committee can group them as same-issue motions on the agenda. This allows owners to vote on each option individually and ensures the voting process complies with legislative requirements.

Action-based

Motions need to propose a clear action. The body corporate can only vote on doing something, not just talking about it. Vague phrases like “look into” or “consider” are not enough. A well-drafted motion leads to a specific, actionable outcome.

Case Study Example 1:

In Sunny Waters [2013] QBCCMCmr 428, Motion 7 suggested the body corporate might need expert advice but did not actually propose any action. It failed to state what type of advice was required, who would organise it, or any timeframe. The adjudicator found the motion “largely meaningless.”

Don’t use:

This motion proposes no clear action and leaves key decisions, like who will act and when, completely undefined.

Do use:

This version makes the required action, responsible party, cost, and timeframe clear.

Case Study Example 2:

In Xanadu East [2011] QBCCMCmr 64 the adjudicator set aside two refurbishment motions after noting that owners had received only 16 days’ notice and that the papers contained no quotations, colour schemes or cost breakdowns. He found the information provided was “not reasonable”, so owners could not make an informed decision.

Don’t use:

This motion has no quotation attached, no colour specifications and no funding source. In other words, the owners can’t judge cost or aesthetics, exactly the problem criticised by the adjudicator.

Do use:

This motion names the contractor and quotation, states the colour scheme, sets the price cap and funding, and gives the secretary an explicit action once carried.

Realistic

A motion should be practical, specific, and achievable. If it is based on unrealistic expectations, it is more likely to fail, or be challenged. A well-drafted motion considers the scheme’s budget, available resources, and legal responsibilities.

Proposals for spending body corporate funds must seek approval in advance and require a motion to be considered by the body corporate. This ensures that financial decisions are transparent, accountable, and properly aligned with the approved budget. If the expense is not included in the existing budget, (e.g. under the sinking fund or administrative fund), the motion should clearly state how the expense will be funded, such as through a special levy.

Case Study Example:

In Sunny Waters [2013] QBCCMCmr 428, Motion 6 asked the body corporate to ratify 10 different items of work on common property in one go. It did not explain what the works were, when they were completed, who carried them out, or how much they cost. The adjudicator found this motion unreasonable.

Don’t use:

This motion is vague, retrospective, and bundles multiple decisions into one. It provides no detail about what works were done, who completed them, or how much they cost. It doesn’t give owners enough information to make an informed decision and fails to align with best practice.

Do use:

This motion is realistic because it deals with one clearly defined proposal, includes the contractor, cost, and funding source, and seeks approval before any work takes place.

If there are multiple projects requiring approval, each should be submitted as a separate motion so that owners can vote on them individually.

Committee vs general meetings

When drafting a motion, it’s important to think about who has the power to decide it, the committee or all owners in the body corporate at a general meeting.

The committee can only make decisions that fall within its authority. That typically includes operational matters like maintenance quotes, arranging inspections, or spending within its financial limits.

The committee cannot make decisions about:

If your motion relates to one of these restricted matters, all owners must be given the opportunity to vote on it at a general meeting.

Writing a good motion doesn’t have to be complicated. Stick to some key principles outlined in this article.

Keep it clear, legal, and specific and you’ll give your idea the best chance of being properly considered and supported.

Whether you’re raising a small fix or a big change, it’s important you make it clear what you want so that you have a better chance of it being approved.

Commissioner for Body Corporate and Community Management P: Information Service Freecall 1800 060 119

This post appears in Strata News #768.

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This article has been republished with permission from the author and first appeared on the Commissioner for Body Corporate and Community Management website.

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