Owner Motions to Committee – New BCCM Regulation

Following an extensive reviewthe Body Corporate and Community Management (BCCM) regulations were remade on 29 September 2020 and will come into effect on 1 March 2021. One of the changes is in relation to owner motions. 

Currently owners can only submit motions to a general meeting, with no provision for owner motions to be addressed at committee meetings. The change is being implemented to provide a mechanism to ensure committees are responsive to owner applications, and to encourage owners to participate.

Let’s take a look at the new rights and obligations for both owners and committees. 

  • New regulation: An owner can submit up to 6 motions per 12-month period. The 12-month period will begin on the date that the owner submits their first motion.  
     
    What this means for owners: The responsibility is on the owner to manage their 6 motions throughout the 12-month period.  
     
    Owners are recommended to be strategic with their motions. If you are considering renovating your property or getting a pet in the next 12 months, ensure you consider these as part of your 6 motions. 
     
    What this means for the committee: The Committee needs to provide an acknowledgement of receipt of the request to consider a motion / as soon as practicable.

  • New regulation: If an owner submits a motion and it is declined by the committee, they cannot resubmit the same motion for another 12 months.  
     
    What this means for owners: Owners should keep track of the dates in which motions were submitted if they wish to resubmit the motion after the 12-month period has ended. 

  • New regulation: Committees are now required to make a decision on motions submitted within a 6-week period of receiving the motion.  
     
    What this means for Committees: Committees must make decisions on motions submitted and provide minutes for these decisions.  

SSKB aim to inform our clients on any new and current regulations to the BCCM and more. By following SSKB on LinkedInFacebook and Twitter, you can stay up to date with all things strata.  
 
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