DEFINITIONS

the Act  The Residential (Land Lease) Communities Act 2013 (the Act) and any applicable aspects of relevant Regulations of the NSW Department of Fair Trading.

Chairperson, Chair Specifically, the person who presides over the residents committee meetings and quarterly or ad-hoc residents meetings.

Division (para 6.2b) An instance of residents of OCR separating into groups to vote.

Home Owner

1. A person who owns a home on a residential site in a community that is the subject of a site agreement (whether or not the person resides at the site).

2. A person who obtains an interest in a site agreement as the personal representative, or a beneficiary of the estate of a deceased individual who, immediately before the individual’s death, was a person mentioned in paragraph (1).

3. Another successor in title of a person mentioned in paragraph (1.).

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Management The owners, Sean Tieck (Gwynvill Trading Pty. Ltd.), John Gilmour (Huntingdale Properties Pty. Ltd.) and the on-site manager.

 

Notice of Motion A notice of motion is a formal proposal by a resident seeking action and forms the basis of the residents’ decision-making process.

OCR  The Ocean Club Resort, 1311-1333 Ocean Drive, Lake Cathie NSW 2445.

Official Lease (refer para 3.9) The official document that is provided by management and signed by the home owner/s on taking up residency at the resort.

Quorum The minimum number of members of an assembly or society that must be 

present at any of its meetings to make the proceedings of that meeting valid. See Section 5.5 - Quorums.

Resident A person who is a home owner or tenant in a community.

Residents Committee The Ocean Club Resort Residents Committee as defined in this Constitution and as prescribed under the Act.

Residents Meetings The formal convening of the residents meeting.

Residents Proposal A request by a resident or residents through the residents committee for informal action by the residents committee to the benefit of all residents.

Standing Rules A standing rule is a regulation or rule that deals with the procedures and operations of a business, or guidance of an institution, or administration of a society and is adopted from time to time. Standing Rules were removed from the Constitution in Feb 2021.

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THE CONSTITUTION OF THE RESIDENTS OF OCEAN CLUB RESORT

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PART ONE – PREAMBLE The constitution of the residents of Ocean Club Resort provides the principles by which the residents committee of OCR (refer Part Three) shall operate and by which the residents of the resort agree to abide by with regard to the responsibilities and functions of the residents committee.

 

1.1 The Residents Committee of OCR

Residents Committee of OCR is the formal organisation of the residents of Ocean Club Resort, Lake Cathie NSW, established in accordance with The Residential (Land Lease) Communities Act 2013, Part 9 Residents Committees.

 

1.2 The Committee is governed by

The Constitution, that is a dynamic document outlining the composition, purpose and main operating parameters of the Committee.

 

1.3 Documents referred to in compiling this Constitution include but are not limited to:

• Residential (Land Lease) Communities Act 2013 No 97

• NSW Fair Trading Model Constitution (Schedule 1 of the Associations

• NSW Model residents committee rules

• Standing Rules, and

• Community Rules.

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PART TWO - THE CONSTITUTION

2.1 Effective Date of the Constitution

This Constitution will take full effect from the time and date of acceptance of the final draft by the existing committee. At that point in time the committee will become the official forum of residents of the resort and will operate under this Constitution. The Constitution is a dynamic document outlining the composition, purpose and main operating parameters of the committee. It has been created to provide a general framework and guidelines for the smooth running of the residents committee.

 

2.2 Adoption of the Constitution

The adoption of the Constitution by residents should be through the formal procedures of notices of motion (refer Part Six).

 

2.3 Voting on the Constitution

All voting on the Constitution and amendments must be carried by 75 percent of residents in attendance at a residents meeting and including eligible pre-poll votes. (Part Six, para 6.2 Voting on Motions.)

 

2.4 Changes to the Constitution

The Constitution, once accepted as the official operating document of the residents committee of OCR can only be changed by a motion put on notice for a residents meeting. That notice of motion is to be discussed and any suggested amendments recorded.

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PART THREE - THE RESIDENTS COMMITTEE

3.1 Purpose

The residents committee is the representative group of the residents of Ocean Club Resort, Lake Cathie, NSW.

 

3.2 Establishment of the OCR Residents Committee

The residents committee (under the current Constitution) was established following the successful passage of a notice of motion put to residents at a meeting held on 11 February 2016.

 

3.3 Relevant Act Enabling the Establishment of the Residents Committee

The resident’s committee is established in accordance with the Residential (LandLease) Communities Act 2013 (Part Nine Residents Committees).

 

3.4 Governing Principles for the Residents Committee

The resident’s committee is governed by the Constitution of the residents of OCR.

 

3.5 Principle Functions of the Residents Committee

a. To provide a forum for residents to present issues relevant to all residents and their lifestyle at OCR.

b. To consult with management and other outside organizations as may be required, on residents’ behalf.

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3.6 Composition of the Residents Committee

The residents committee shall consist of at least three members and not more than seven. At the first meeting of the residents committee, they will elect a chairperson, deputy chairperson, secretary and non-office bearers.

 

3.7 Residents Committee Obligations to Residents

a. The resident’s committee is to act at all times with respect and responsibility to all residents whether actively involved with the residents committee or not. At all times the residents committee is to carry out its functions with due regard to all legal and moral obligations, including careful consideration being given to privacy concerns. Care should be exercised by the residents committee to avoid the possible disclosure of the private affairs of individuals or other information which may come into the possession of the residents committee.

b. To ensure timely action on any proposal by management, consultation with residents by the committee may be through formal meetings or alternatively via electronic means.

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3.8 Reporting

The residents committee shall keep residents informed of activities  being undertaken and the status of issues addressed to management. 

The committee shall report in a timely manner on collective matters pertaining to residents electronically and in a hard copy (letterbox drop) where residents do not have access to electronic facilities. 

 

3.9 Eligibility for Election

All home owners and residents named on an official lease for residence at the resort are automatically accepted as being eligible to stand for nomination and to vote.

 

3.10 Election Process

a. Acting Chairperson An acting chairperson will be appointed for the purpose of undertaking the election of incoming residents committee members.

b. Nominations The resident’s committee is to be elected at the annual general meeting (AGM) with nominations being called for four weeks prior to the AGM by notice issued by the incumbent residents committee. Nominations for residents committee positions are to be submitted on the recognised nomination form - Nomination for Residents Committee Member (Appendix A) and lodged with the committee chairperson at least 72 hours before the scheduled residents meeting commencement.

c. No Pre-Meeting Nominations Received If there are no nominations to fill a position, then the acting chairperson may call for nominations from the floor to fill that position. Pre-poll votes are not eligible to be counted for the voting on that position.

If there are more than three (3) but less than seven (7) nominations for the Committee, then the Committee will have the right at any time over the next year, to accept additional nominations to fill vacant positions, so the Committee will consist of a maximum seven (7) members. Any such nominations must be an eligible resident, on a completed Nomination for Residents Committee Member Appendix A of the Constitution. Any such nomination is to be tabled at the next quarterly meeting of residents.

d. Insufficient Nominations and Caretaker Role of Incumbent Committee Allowance needs to be made should the required number of the committee members not be achieved, i.e., at least three members and not more than seven. In this instance a special meeting (Part 5.3 – Special Meetings) may have to be convened with the existing committee taking a caretaker role. The nomination will then be included on the AGM meeting agenda and posted on the notice board 48 hours prior to the meeting.

e. Voting for the Residents Committee Voting for committee members is by secret ballot, with the exception of seven or less nominations being received. In that instance those nominations may then be accepted by a show of hands. (Part Five, section 5.2e).

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3.11 Pre-Poll Votes for Residents Committee Members

​a. Residents who are unable to attend a meeting may submit a pre-poll vote on the recognised pre-poll voting form - Pre-poll voting for Election of Residents Committee Members (Appendix B).

b. Pre-poll votes can only be submitted for inclusion in the election of residents committee members who are nominated prior to a meeting.

c. Pre-poll votes cannot be submitted for voting on nominations called from the floor of a meeting. Residents wishing to avail themselves of a pre-poll vote must submit their vote on the relevant form and submit to the chairperson or secretary prior to the commencement of the meeting.

d. The chairperson is in any doubt, then a pre-poll vote is not to be included. The intent of pre-poll votes is to allow residents who would be unable to attend a meeting the choice to register their vote on published agenda items only, i.e., basically, an Absentee or Postal vote.

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3.12 Future Growth of the Community

With the future growth of the resort, it may be necessary to address the committee structure. Any future changes will necessitate a formal motion being put to the residents at that time in accordance with the Constitution.

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PART FOUR - COMMITTEE MEMBERS RESPONSIBILITIES

4.1 Chairperson Duties

a. To chair quarterly meetings of residents and to ensure all appropriate arrangements are in place.

b. To open the session at the time at which the assembly is to meet, by taking the chair and calling the members to order.

c. To announce the business before the assembly in the order in which it is to be acted upon.

d. To state and to put to vote all questions which are moved, or necessarily arise in the course of the proceedings, and to announce the result of the vote.

e. To facilitate at all times orderly debate, to manage the meeting so as to prevent any delaying or time-wasting actions and ensure all members have the opportunity to exercise their right to speak or propose motions.

f. To facilitate and chair meetings of the residents committee.

g. To facilitate meetings between the committee and management.

h. To present the outgoing chairperson's annual report to the AGM.

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4.2 Deputy Chairperson Duties

To assist and act in the absence of the chairperson as required.

 

4.3 Secretary Duties

a. To act as the recording officer of the residents committee and the custodian of its records.

b. To record the minutes of all meetings.

c. To make available all residents committee records open for inspection by any resident.

d. To send out proper notices of all meetings, and prepare all necessary paperwork and an agenda to conduct the meeting.

e. To monitor the correspondence of the residents committee.

f. To maintain the residents committee section of the notice board.

g. To distribute signed copies of the residents meeting minutes as follows:

     i. The residents notice board.

     ii. Management.

     iii. Copies for record keeping.

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4.4 Non-Office Bearers Duties

The non-office bearer’s duty is to support other office bearers as necessary.

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PART FIVE – MEETINGS

5.1 Scheduled Residents Meeting

a. Resident’s meetings are to be held quarterly on the last Friday of the months of February, May, August and November.

b. Resident’s meetings will be limited to a maximum of two hours duration unless an extension of time is requested and voted for by members, to cover any outstanding business.

c. Where a scheduled residents meeting cannot be held due to unforeseen circumstances and is beyond the control of the residents committee the duly elected committee may postpone the meeting to another date or may be held over to the next scheduled meeting.

d. Where a residents meeting is postponed as in paragraph (c), the committee shall have the right to act on issues in the best interests of the residents after consultation using established communication protocols.

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5.2 The Annual General Meeting (AGM)

a. Scheduled AGM The AGM is to be held on the last Friday of the month of November each year. The scheduled quarterly meeting will be held prior to the AGM.

b. Actions Prior to the Annual General Meeting Prior to the conclusion of the quarterly meeting the outgoing chairperson will present the committee’s annual report following which the chairperson will declare all positions vacant. The outgoing chairperson will then invite an acting chairperson to facilitate the AGM.

c. Call for Nominations The acting chairperson will call for nominations for the incoming residents committee then read out to residents those nominations received. Nominees will be invited to speak briefly to the meeting.

d. Nominees Duly Elected If three, four, five, six or seven nominations are received the acting chairperson will declare them duly elected.

e. Secret Ballot If more than seven nominations are received the acting chairperson will call for a secret ballot. The seven nominees with the most votes will be duly elected. The acting chairperson will then declare the AGM closed.

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5.3 Special Meetings

A special Meeting may be called to deal with and resolve matters of urgency or extreme importance.

a. A resident or management may request in writing to the chairperson that a call for a special meeting be convened. Full details of reasons for the request must be given to allow the secretary time to notify residents and publish the agenda.

b. The chairperson will advise the secretary to notify all residents by notice Request for Special Meeting (Appendix C) with details of the request including the date and time of meeting and call for responses by return of the notice.

c. A minimum of 25 positive responses from residents agreeing to the meeting being convened must be received within seven days of issue of the notice for the secretary to proceed with convening the meeting.

d. A special meeting cannot be convened within 21 days prior to a scheduled quarterly meeting as any business can be conducted at a scheduled meeting. The committee may waive this timeframe if it is believed a matter is of such an urgent or important nature and that the best interests of the residents would be served by a meeting being called on short notice. In this case a meeting should be convened as soon as practicable.

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5.4 Scheduled Meetings

a. The residents committee shall meet at least two weeks prior to the quarterly residents meeting, to finalise business to be addressed at that meeting.

b. The secretary is required to record minutes from all meetings. Distribution of the final minutes from the quarterly residents meeting is to be provided to management.

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5.5 Quorums

a. The quorum to conduct a scheduled quarterly meeting and/or the AGM is a minimum of 40 residents including office bearers.

b. The quorum to conduct a special meeting will be a minimum of 30 residents.

c. In the absence of a quorum, the only business that can be transacted is to take measures to obtain a quorum, i.e., to take a recess to enable the quorum to be reached. If a quorum cannot be reached within 15 minutes of the recess being taken, then the meeting shall stand adjourned to the same time and place seven days later, when the meeting may proceed, even if no quorum is present.

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5.6 Order of Business

The order of business for scheduled quarterly meetings is as follows:

• Declaration of meeting commencement.

• Apologies.

• Welcome to new residents.

• Minutes from previous meeting (to be taken as read when posted on the notice board).

• Business arising from the minutes.

• Correspondence – IN.

• Correspondence – OUT.

• Business held over from previous meeting.

• Notice of motion.

• Motion from the floor.

• General business.

• Reports.

• Social Committee.

• Bowls Committee.

• Others.

• Business arising from the reports.

• Next meeting announcement.

• Meeting closure.

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5.7 Meeting Behaviour

a. Residents should at all times conduct themselves with decorum whilst participating in a meeting, whether it is as an observer or a speaker, and treat all other persons with the respect to which they are entitled.

b. When addressing the meeting on any subject a resident must always direct any speech to the chair and not to any individual person at the meeting.

c. Residents will begin their address by identifying themselves by stating their name and residential lot number. This identification is only required for the resident's first address at a meeting and is not required in subsequent addresses at the same meeting.

d. Speakers will be required to confine their address to the subject at hand and be concise. When directed by the chair to finalise their speech, the speaker will make every effort to comply.

e. If the chair calls for a point of order, the speaker is to resume their seat until addressed by the chair.

f. A meeting must not be used in any way to personally attack any individual and any such behaviour will be condemned by the chair and the person involved asked to desist or leave the meeting.

g. If the conduct at a meeting is such that reasonable progress cannot be achieved, the chair may accept a motion to call for a recess to restore order or adjourn the meeting to be reconvened at the next scheduled meeting date

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5.8 Meetings with Management

On dissemination of the minutes, the chairman or secretary is to:

a. Schedule a meeting with management within two weeks after a quarterly residents meeting.

b. Develop and send an agenda to management for the meeting at least one week before the scheduled meeting date.

c. record the minutes of these meetings.

d. distribute signed copies of the residents meeting minutes as follows:

   i. Management.

   ii. To residents (notice board).

   iii. Copies for record-keeping.

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PART SIX - NOTICES OF MOTION

6.1 Presentation of Notices of Motion

a. The preferred method for submitting motions for consideration and resolution by the committee is by the form Notice of Motion (Appendix D).

b. Details are to be written on the recognised Notice of Motion form and submitted to the committee at least 72 hours before the scheduled residents meeting commencement. The motion will then be included on the meeting agenda and posted on the notice board 48 hours prior to the meeting.

c. The secondary method for submitting motions for consideration and resolution by the residents is by a motion from the floor, Motion from the Floor (Appendix E).

d. Details are to be written on the recognised Motion from the Floor form and submitted to the committee secretary at the meeting to ensure a correct record of the motion.

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6.2 Voting on Motions

a. Voting on motions presented to a meeting will be in the form of a show of hands. For a motion to be carried at least 75 per cent of residents in attendance at the meeting must vote in favour of the motion.

b. The chairman will call for a division if requested from the floor.

c. The chairperson, at their discretion, can select residents to assist in the count of the vote.

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6.3 Pre-poll Votes on Notices of Motion

a. Where a notice of motion - Pre-poll Voting for Notice of Motion (Appendix F) has been amended from the original wording following discussion at the residents meeting, the chairman will rule on the validity of any pre-poll votes to be included, taking into account the spirit in which the original motion was worded to be voted upon, and the extent of the amendment to the motion to differ from the original intent.

b. Pre-poll votes are not eligible to be included in the voting for a resolution of a motion from the floor.

c. Each resident is eligible and entitled to one vote or one pre-poll vote. Pre-poll votes are to be delivered to the chairperson or secretary prior to the meeting.

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6.4 No Confidence Motion

a. Residents may present a notice of motion of no confidence in the residents committee if for any reason those residents believe that the incumbent committee is ineffective or unworkable.

b. If such a motion is passed then a caretaker chairman and caretaker secretary will be elected from nominations from the floor and will serve until a formal election is held at the next scheduled residents meeting.

c. The caretaker chairman and secretary will operate under the same regulations as the committee members they replace.

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6.5 Resident's Proposal

Separate to a notice of motion a resident may present a proposal - Resident's Proposal (Appendix G) where it is of a non-constitutional matter.

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6.6 Changes to Constitution

A notice of motion to change the Constitution may be included in the Constitution with immediate effect subject to majority support by residents in attendance at the relevant meeting. Should there be a request for further consideration to the proposed notice of motion that motion will be held over to the next scheduled meeting. After this period the notice of motion will be voted on by residents for inclusion in the Constitution.

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PART SEVEN - CORRESPONDENCE

7.1 General

All correspondence to the committee is to be directed to the chairperson and/or secretary.

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7.2 Rejection of Correspondence

Should any correspondence be received that is considered to contain malicious intent, breach of privacy or personal abuse towards any person, the matter should be referred to the committee and to record that the correspondence was rejected and returned to the writer.

 

7.3 Censorship of Correspondence

Similarly, if correspondence is accepted that may breach privacy or offend any person, the chairperson or secretary in consultation with the committee, may censor and/or omit any part of the correspondence when presenting the correspondence to the Meeting.

 

7.4 Retention of Records, Correspondence and Proposals

All previous records, correspondence and any material belonging to the previous committee will become the property of the incoming committee.

 

8. OTHER COMMITTEES

Section 101(1) of the Act states ‘that no more than one resident’s committee can be established at any one time.” However, the Act further states under Section 101(3) that residents may establish committees for other purposes, e.g., Social Committee, Bowls Committee, etc.

 

8.1 Election of a Social Committee

a. That at the AGM in November each year a social committee comprising three residents is to be elected by the residents at the AGM.

b. Nominations in writing are to be called for four weeks prior to the AGM and lodged with the secretary of the residents committee 72 hours before the AGM.

c. Where there are no nominations in writing the acting chairperson will call for nominations from the floor.

d. The elected social committee may at its discretion appoint other residents to help run events as required