The 1st Schedule Para 12(1) of the Building Maintenance & Strata Act allows any subsidiary proprietor (SP)by notice in writing, served on the secretary of the council to include in the agenda of the AGM of the MCST, any motion set out in the notice and the secretary shall comply with the notice.
More SPs are exercising their rights, writing their wish lists as “motions” for consideration at AGMs. Sometimes, these wish lists could be operational related matters or lengthy grievances and coming in pages. They may not be motions per se. While a motion is a proposal, it should be proper, clear and concise to form a basis for the MCST to act when passed.
1st Schedule Para 4 of the Act therefore empowered the Chairperson of an AGM to rule that a motion submitted at the meeting is out of order if he considers that the motion, if carried, would conflict with the Act or the by-laws or would otherwise be unlawful or unenforceable.
When majority of the “motions”were ruled out of order at a recent AGM, some SPs questioned the Chairperson(Managing Agent) for not stopping these “motions” from being tabled at the AGM to save time.
If these “motions” were really stopped before the AGM, the constitutional right of any SP to be heard would have been removed.
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