Constitution
Name of Association
Objects of the Association
(2) Promote racial harmony in our community, by encouraging our residents, young and old to become actively involved in community projects.
(3) To liaise with government bodies for the betterment of the community.
(4) To operate as a non-profit body.
(5) To do all other things as are conducive or incidental to the attainment of the above objectives or any of them.
Powers of the Association
(3) The Association shall have the following powers:
(1) To purchase, take on lease or licence or in exchange hire or otherwise acquire and maintain any real or personal property, that the Executive Committee believes will assist in attaining the above objectives.
(2) To sell, exchange, lease, mortgage, hire, dispose or turn to account or otherwise deal with all or part of the real and personal property of the association.
(3) To raise any monies required for the objects and purposes of meeting the objectives of the Association in such a manner and on such terms and securities as shall be lawfully determined.
(4) To invest and deal with the monies of the Association in such a manner as may be approved by a general meeting of the Association.
(5) To open any account or accounts with any bank or registered financial institution.
(6) To appoint, employ, pay and dismiss staff as determined by a general meeting of the association.
(7) To appoint agents to transact any business of the Association.
(8) To co-operate and enter into reciprocal arrangements with any other group or association having objectives wholly or in part similar to those of the Association.
(9) To do all such other things as are incidental or conducive to the attainment of its objectives.
Qualifications of membership of Association
4 (1) Membership of the Association is open to all residents and ratepayers living within the boundaries of Bellevue, who have paid the relevant membership subscription.
(2)The Committee of the Association may, where appropriate, allow membership to persons, who are not ratepayers and who reside outside the suburb of Bellevue.
(3)The committee of the Association shall reserve the right to refuse or cancel any membership of any individual or group were circumstances warrant such an action.
An expelled member or a person described in (3) who is denied membership shall have the right to appeal to a general meeting or members.
Register of members of Association
5 (1)The Secretary shall on behalf of the Association keep and maintain the register of members in accordance with section 27 of the Act and that register shall be so kept and maintained at his or her place of residence.
(2)The Secretary shall cause the name of a person who dies or who ceases to be a member under rule 6(3),7(1), or 8 to be deleted from the register of members referred to in subrule(1).
Subscriptions of members of Association
6 (1)The members shall from time to time at a general meeting determine the amount of the subscription to be paid by each member.
(2)Each member or household shall pay to the Treasurer, annually on or before 1 January or such other date as the Committee from time to time determines, the amount of the subscription determined under subrule(1)
(3)Subject to subrule (4) a member whose subscription is not paid within 3 months after the relevant date fixed by or under subrule (2) ceases on the expiry of that period to be a member, unless the Committee decides otherwise.
(4)A member is a financial member for the purpose of these rules if his or her subscription is paid on or before the relevant date fixed by or under subrule (2) or within 3 months thereafter.
Resignation of members of Association
7 (1) A member who delivers notice in writing of his or her resignation from the Association to the Secretary or another Committee member ceases on that delivery to be a member.
(2)A person who ceases to be a member under subrule (1) remains liable to pay to the Association the amount of any subscription due and payable by that person to the Association but unpaid at the date of the cessation.
Expulsion of members of Association
8 (1) If the Committee considers that a member should be expelled from membership of the Association because of his or her conduct detrimental to the interest of the Association, the Committee shall communicate, either orally or in writing to the member.
(a) notice of the proposed expulsion and the time, date and place of the Committee at which the question of that expulsion will be decided, and
(b) Particulars of that conduct. Not less than 30 days before the date of the Committee meeting referred to in paragraph (a)
(2)At the Committee meeting referred to in a notice communicated under subrule (1), the Committee may, having afforded the member concerned a reasonable opportunity to be heard by, or to make representations in writing to, the Committee, expel or decline to expel that member from membership of the Association and Shall, forthwith after deciding whether or not so to expel that member, communicate that decision in writing to that member.
(3)Subject to subrule (5), a member who is expelled under subrule (2) from membership of the Association ceases to be a member 14 days after the day on which the decision so to expel him or her is communicated to him or her under subrule (2)
(4)A member who is expelled under subrule (2) from membership of the Association shall, if he or she wishes to appeal against that expulsion, give notice to the Secretary of his or her intention to do so within the period of 14 days referred to in subrule (3)
(5)When notice is given under subrule (4)
(a)the Association in a general meeting may, after having afforded the member who gave that notice a reasonable opportunity to be heard by, or to make representations in writing to the Association in the general meeting, confirm or set aside the decision of the Committee to expel that member, and
(b)the member who gave that notice does not cease to be a member unless and until the decision of the Committee to expel him or her is confirmed under this subrule.
Executive Committee
9 (1) the affairs of the Association shall be managed exclusively by an Executive Committee, consisting of –
(a) a Chairperson
(b) a Vice-Chairperson
(c)a Secretary
(d)a Treasurer, and
(e) not less than five other persons.
All of whom shall be members of the Association elected to membership of that Committee at an annual general meeting or appointed under sub-rule (9)
(2)The Executive Committee shall be elected at the annual general meeting and subject to termination of office by resignation shall remain in office until the following annual general meeting. The Committee shall have powers to fill any vacancy that may occur, but the proceedings of the Committee shall not be invalidated in the consequence of there being less than the required number. Retiring officers and other members of the Committee shall be eligible for re-election.
(3)Sub-committees and working groups may be set up comprising members of the Executive Committee and/or other persons for the purpose of furthering the objectives of the Association.
(4)The Executive Committee shall have the power to co-opt members whose knowledge, experience or, occupation will be of benefit to the Association.
(5)Only specified persons with the authority of the Executive Committee may represent the Association publicly.
(6)When a casual vacancy within the meaning of rule 13 occurs in the membership of the Committee_
(a) the Committee may appoint a member to fill that vacancy, and
(b )a member appointed under this subrule shall-
(i)hold office until the commencement of, and
(ii) be eligible for election to membership of the Committee at the next following annual general meeting.
Chairperson
10 (1) Subject to this rule, the Chairperson shall preside at all general meetings and Committee meetings.
(2)In the event of the absence from
(a) a general meeting of-
(i) the Chairperson, the Vice-Chairperson, or
(ii) both the Chairperson and the Vice-Chairperson, a member elected by the other members present at the general meeting.
(b) a Committee meeting of-
(i) the Chairperson, the Vice-Chairperson; or
(ii) both the Chairperson and the Vice-Chairperson, A Committee member elected by the other Committee members present.
Shall preside at the general meeting or Committee meeting, as the case requires.
Secretary
11 The Secretary shall-
(a)co-ordinate the correspondence of the Association.
(b) keep full and correct minutes of the proceedings of the Committee and the Association.
(c )comply on behalf of the Association with-
(i) section 27 of the Act in respect of the register of members of the Association.
(ii)Section 28 of the Act in respect of the rules of the Association, and
(iii)section 29 of the Act in respect of the record of the office holders, and any trustees, of the Association.
(d)have custody of all books, documents, records and registers of the Association, including those referred to in paragraph (c), other than those required by rule 12 to be kept and maintained by, or in custody of, the Treasurer, and
(e )perform such other duties as are imposed by these rules of the Secretary.
Treasurer
12 The Treasurer shall-
(a)be responsible for the receipt of all moneys paid to or received by, or by him on behalf of , the Association and shall issue receipts for those moneys in the name of the Association
(b)pay all moneys referred to in paragraph (a) into such account or accounts of the Association as the Committee may from time to time direct.
(c)make payments from the funds of the Association with the authority of a general meeting or of the Committee and in so doing ensure that all cheques are signed by two of the three, consisting of the President, Secretary and Treasurer.
(d) comply on behalf of the Association with section 25 and 26 of the Act in respect to the accounting records of the Association.
(e) whenever directed to do so by the Chairperson, submit to the Committee a report, balance sheet or financial statement in accordance with the direction.
(f)have custody of all securities, books and documents of a financial nature and accounting records of the Association, including those referred to in paragraphs (d) and (e) and
(g) perform such other duties as are imposed by these rules on the Treasurer.
Casual vacancies in membership of Committee
13 A casual vacancy occurs in the office of a Committee member and that office becomes vacant if the Committee member-
(a) Dies;
(b) resigns by notice in writing delivered to the Chairperson or, if the Committee member is the Chairperson, to the Vice-Chairperson.;
(c)is convicted of an offence under the Act.
(d)is permanently incapacitated by mental or physical ill health;
(e) is absent from more than-
(i) 3 consecutive Committee meetings, or
(ii) 3 Committee meetings in the same financial year, of which he or she has received notice without tendering an apology to the person presiding at each of those Committee meetings; or
(f) ceases to be a member of the Association.
Proceedings of Committee
14 (1)The Committee shall meet together for the dispatch of business not less than four times each Financial year and the Chairperson may at any time convene a meeting of the Committee
(2)Each Committee member has a deliberative vote.
(3)A question arising at a Committee meeting shall be decided by a majority of votes, but if there is an equality of votes, the person presiding at the Committee meeting shall have a casting vote in addition to his or her deliberative vote.
(4)At a Committee meeting four Committee members constitute a quorum.
(5)Subject to these rules, the procedure and order of business to be followed at a Committee meeting shall be determined by the Committee members present at the Committee meeting.
(6)A Committee member having any direct or indirect pecuniary interest referred to in section 21 or 22 of the Act shall comply with that section.
General Meetings
15 (1 )The Committee-
(a)may at any time convene a special general meeting:
(b)shall convene annual general meetings within the time limits provided for the holding of annual general meetings by section 23 of the Act, and
(c)shall, within 30 days of –
(i)receiving a request in writing do so from not less than 5 members, convene a special general meeting for the purpose specified in the request; or
(ii)the Secretary receiving a notice under rule 8(4), convene a special general meeting for the purpose of dealing with the appeal to which that notice relates.
(2)The members making a request referred to in subrule(1)(c)(i)shall-
(a)state in that request the purpose for which the special general meeting concerned is required; and
(b)sign that request.
(3)If a special general meeting is not convened within the relevant period of 30 days referred to-
(a)in subrule (1)(c)(i), the members who made the request concerned may themselves convene a special general meeting as if he or she were the Committee. Or
(b)in subrule (1)(c)(ii), the member who gave the notice concerned may himself convene a special general meeting as if he or she were the Committee.
(4)When a special general meeting is convened under subrule (3)(a)or (b)-
(a)the Committee shall ensure that the members or member convening the special general meeting are supplied free of charge with particulars of all member; and
(b)the Association shall pay the reasonable expenses of convening and holding the special general meeting.
(5)Subject to subrule(8), the Secretary shall give to all members not less than 14 days notice of a general meeting and of any motions to be moved at the general meeting.
(6)A notice given under subrule (5) shall specify-
(a)when and where the general meeting concerned is to be held; and
(b) particulars of the business to be transacted at the general meeting concerned and of the order in which the business is to be transacted.
(7)In the case of an annual general meeting, the order in which business is to be transacted is-
(a)first, the consideration of the accounts and reports of the Committee.
(b) second, the election of Committee members to replace outgoing Committee members, and
(c) third, any other business requiring consideration by the Association in a general meeting.
(8)The Secretary shall give to all members not less than 21 days notice of a general meeting at which a special resolution is to be proposed and of any other motions to be moved at a that general meeting.
(9)The Secretary may give a notice under subrule (5) or (8) by-
(a)serving it on a member personally; or
(b) sending it by post to a member at the address of the member appearing in the register of members kept and maintained under section 27 of the Act.
(10) When notice is sent by post under subrule(9)(b), sending of the notice shall be deemed to be properly effected if the notice is sufficiently addressed and posted to the member concerned by ordinary prepaid mail.
Quorum in proceedings at general meetings
16. (1)At a general meeting 5 members present in person or by proxy constitute a quorum.
(2)If within 30 minutes after the time specified for the holding of a general meeting in a notice given under rule 15(5) or (8)-
(a)as a result of a request or notice referred to in rule 15(1)(c) or as a result of action taken under rule 15(3) a quorum is not present, the general meeting lapses; or
(b)otherwise than as a result of a request, notice or action referred to in paragraph (a), the general meeting stands adjourned to the same time on the same day in the following week and to the same venue.
(3)If within 30 minutes of the time appointed by subrule (2)(b) for the resumption of an adjourned general meeting a quorum is not present, the members who are present in person or by proxy may nevertheless proceed with the business of that general meeting as if a quorum were present, but cannot vote.
(4)The Chairperson may, with the consent of the general meeting at which a quorum is present, and shall, if so directed by such a general meeting, adjourn that general meeting from time to time and from place to place.
(5)There shall not be transacted at an adjourned general meeting any business other than business left unfinished or on the agenda at the time when the general meeting was adjourned.
(6)When a general meeting is adjourned for a period of 30 days or more, the Secretary shall give notice under rule 15 of the adjourned general meeting as if that general meeting were a fresh general meeting.
(7)At a General Meeting-
(a)an ordinary resolution put to the vote shall be decided by a majority of votes cast on a show of hands; and
(b)a special resolution put to the vote shall be decided in accordance with section 24 of the Act.
(8)A declaration by the Chairperson at a general meeting that a resolution has been passed as an ordinary resolution thereat shall be evidence of that fact unless, during the general meeting at which the resolution is submitted, a poll is demanded in accordance with subrule(9).
(9)At a general meeting, a poll may be demanded by the Chairperson at the general meeting or by three or more members present in person or by proxy and, if so demanded, shall be taken in such manner as the Chairperson directs.
(10)If a poll is demanded and taken under subrule (9) in respect of an ordinary resolution, a declaration by the Chairperson of the result of the poll is evidence of the matter so declared.
(11)A poll demanded under subrule (9) on the election of a person to preside over a general meeting or on the question of an adjournment shall be taken forthwith on that demand being made.
Minutes of meetings of Association
17 (1)The Secretary shall cause proper minutes of all proceedings of all general meetings and Committee meetings to be taken and then to be entered within 30 days after the holding of each general meeting or Committee meeting as the case requires, in a minute book kept for that purpose.
(2)The Chairperson shall ensure that the minutes taken of a general meeting or Committee meeting under subrule (1) are checked and signed as correct by the Chairperson of the general meeting or Committee meeting to which those minutes relate or of the next succeeding general meeting or Committee meeting, as the case requires
(3)When minutes have been entered and signed as correct under this rule, they shall, until the contrary is proved, be evidence that-
(a)the general meeting or Committee meeting to which they relate (in this subrule called *the meeting*)was duly convened and held;
(b)all proceedings recorded as having taken place at the meeting did in fact take place thereat; and
(c)all appointments or elections purporting to have been made at the meeting have been validly made.
Voting rights of members of Association
18. (1) Subject to these rules, each member present in person or by proxy at a general meeting is entitled to a deliberative vote if financial.
(2)A member which is a body corporate may appoint in writing a natural person, whether or not he or she is a member, to represent it at a particular general meeting or at all general meetings if financial.
(3)An appointment made under subrule (2) shall be so made by a resolution of the board or other governing body of the body corporate concerned-
(a)which resolution is authenticated under the common seal of that body corporate; and
(b)a copy of which resolution is lodged with the Secretary.
(4)A person appointed under subrule (2) to represent a member which is a body corporate shall be deemed for all purposes to be a member until that appointment is revoked by the body corporate or, in the case of an appointment in respect of a particular general meeting, which appointment is not so revoked, the conclusion of that general meeting.
Proxies of members of Association
19. A member (in this rule called *the appointing member*)may appoint in writing another person who is not a member who is a natural person to be the proxy of the appointing member and to attend, and vote on behalf of the appointing member at, any general meeting.
Rules of Association
20. (1)The Association may alter or rescind these rules, or make rules additional to these rules, in accordance with the procedure set out in sections 17,18and 19 or the Act.
(2)These rules bind every member and the Association to the same extent as if every member and the Association had signed and sealed these rules and agreed to be bound by all their provisions.
Common Seal of the Association
21. (1)The Association shall have a common seal on which its corporate name shall appear in legible characters.
(2)The common seal of the Association shall not be used without the express authority of the Committee and every use of that common seal shall be recorded in the minute book referred to in rule 17.
(3)The affixing of the common seal of the Association shall be witnessed by any two of the Chairperson, the Secretary and the Treasurer.
(4)The common seal of the Association shall be kept in the custody of the Secretary or of such other person as the Committee from time to time decides.
Inspection of records, etc of Association
22. (1) A member may at any reasonable time inspect without charge the books, documents, records and securities of the Association.
(2)An auditor shall be appointed by a majority of members at the annual general meeting but no auditor so appointed shall be a member of the Association. Any vacancy arising shall be filled by Executive Committee decision.
(3)The auditor shall once in every year make an audit of the accounts of the Association and submit same to the annual general meeting.
(4)The Association’s financial year shall operate from 1st January to 31st December.
Distribution of surplus property on winding up of Association
23. (1)If upon the winding up or dissolution of the Association there remains after satisfaction of all its debts and liabilities any property whatsoever, the same shall not be paid to or distributed among the members but shall be given or transferred –
(a) to another association Incorporated under the Act; or
(b )for charitable purposes.
Which incorporated association or purposes, as the case requires, shall be determined by the resolution of the members when authorising and directing the Committee under section 33(3) of the Act to prepare a distribution plan of the surplus property of the Association.
(2)In the event of the winding up or dissolution of the Association, the Commissioner of Taxation shall be advised of the date of dissolution within 30 days of the dissolution.
Definitions
24. In these rules, unless the contrary intention appears-
*Committee meeting* means meeting referred to in rule 14(1)
*Committee members* means person referred to in paragraph (a),(b),(c).(d)or (e) of rule 9(1);
*Financial year* has the meaning given by section 3(1) of the Act, a reference in that section to-
(a)*an incorporated association* or *the association* being construed as a reference to the Association; and
(b)*the Committee* being construed as a reference to the Committee;
*general meeting* means meeting convened under rule 15;
*member*means member of the Association;
` *ordinary resolution*means resolution other than a special resolution;
*special resolution*has the meaning given by section 24 of the Act;
*the Act*means the Association Incorporation Act 1987;
*the Association*means the Association referred to in rule 1;
*the Chairperson*means-
(a)in relation to the proceedings at a Committee meeting or general meeting, the person presiding at the Committee meeting or general meeting in accordance with rule10;or
(b) otherwise than in relation to the proceedings referred to in paragraph (a),the person referred to in rule9(1)(a)or, if that person is unable to perform his or her functions, the Vice Chairperson;
*the Committee*means the Committee of Management of the Association referred to in rule 9(1);
*the Secretary* means the Secretary referred to in rule 9(1)(c);
*the Treasurer* means the Treasurer referred to in rule 9(1)(d);
*the Vice-Chairperson*means the Vice-Chairperson referred to in rule 9(1)(b);
Reimbursement of costs incurred
25. Subject to the Act, nothing in this document shall prevent the payment in good faith of any costs and expenditure incurred, by any member or person, this cost must be incurred whilst conducting association business and be approved by the Management Committee, at a normal meeting or a special meeting convened for such purposes. Such supporting documents must be submitted to the Committee for approval, before the payment is made.