LUGARNO PROGRESS ASSOCIATION INCORPORATED

CONSTITUTION

DECEMBER 15, 1992

AMENDED NOVEMBER 1, 1995

(Pages 6, 7 & 8)

 

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LUGARNO PROGRESS ASSOCIATION INCORPORATED

CONSTITUTION

1. NAME

The name of the Association shall be Lugarno Progress Association Incorporated (referred to in these rules as "the Association").

2. OBJECTS

The objects of the Association shall be:

a) To act in the best interests of the ratepayers and residents of the suburb known as Lugarno in the City of Hurstville.

b) To take necessary action for the development of the aforesaid suburb.

c) To protect the environment of the aforesaid suburb.

d) To initiate local or combined action and with other organisations when necessary to promote paragraphs a) b) and c).

e) To make donations to organisations, schools etc. as approved at general meetings.

f) To be a non political and non sectarian Association.

3. MEMBERSHIP

a) Subject to these rules the members of the Association shall be the members of the Association immediately prior to incorporation together with such other people as the Committee admits to membership.

b) Membership is open to all adult citizens and ratepayers of aforesaid suburb who accept the objects and rules of the Association.

c) Individuals wishing to become members of the Association shall apply to the Committee for membership.

d) The Committee shall determine whether or not to accept an application for membership. The Committee is not required to supply reasons for accepting or rejecting an application for membership.

                                                                   December 15 1992

 

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e) Members shall pay such fees as are determined by the Association at a general meeting.

f) A register of members shall be kept by the Association showing the name, address and date of commencement of membership for each member. Provision for noting the date of cessation of membership shall also be contained in the register.

g) Membership shall cease upon resignation, expulsion, or failure to pay outstanding membership fees within three months of the due date.

h) All members shall be financial up to and including the Annual Meeting and shall be declared "unfinancial" after such meeting if current year's dues are not paid. The financial year shall conclude on 31st December.

4. MEMBERS' LIABILITY

The members of the Association shall have no liability to contribute towards the payment of debts and liabilities of the Association or the costs, charges and expenses of the winding up of the Association except to the amount of any unpaid membership fees.

5. DISCIPLINING OF MEMBERS

The procedure for disciplining members shall be determined by the Committee. Anyone who wishes to appeal against a decision refusing membership, expelling them from membership or otherwise disciplining them may do so at the next general meeting of the Association.

6. MANAGEMENT - BY COMMITTEE

a) The Association shall have its affairs controlled and managed by the office bearers and other members known as the Committee.

b) The office bearers shall be a President, two (2) Vice Presidents, Secretary, Minute Secretary, Treasurer, and a special Committee of three (3) minimum and five (5) maximum.

c) The office bearers and other members of the Committee shall be elected at each Annual General Meeting. Any casual vacancy occurring in the Committee may be filled by a member appointed by the Committee.

d) Each member of the Committee shall hold office from the date of his/her election or appointment until the next Annual General Meeting.

e) Retiring Committee members are eligible for re-election.

f) The Committee shall meet at least three (3) times in each period of twelve (12) months at such place and time as the committee may determine.

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g) The quorum for meetings of the Committee shall be one half the number of Committee members elected at the previous Annual General Meeting.

h) Notice of Committee meetings shall be given at the previous Committee meeting or by such means as the Committee may decide upon.

i) A member of the Committee shall cease to hold office upon resignation in writing; removal as a member of the Association; or absence from three successive Committee meetings without approval by the Committee.

j) The Committee may function validly provided its number is not reduced below the quorum. Should Committee numbers fall below the quorum the remaining Committee members may act only to appoint new Committee members.

k) Questions arising at any meeting of the Committee shall be decided by the majority of votes of those present. In case of an equality of votes the person appointed to chair the meeting shall have a second or casting vote.

l) If within half an hour of the time appointed for a Committee meeting a quorum is not present the meeting shall be dissolved.

m) Additional meetings of the Committee may be convened by the President or any two (2) members of the Committee.

7. GENERAL MEETINGS

a) An Annual General Meeting of the Association shall be held each year in the month of February.

b) The Committee may, whenever it thinks fit, convene a special general meeting of the Association. A special general meeting must be convened by the Committee within three (3) months of receiving a written request to do so from at least five (5) per cent of the membership of the Association.

c) At least fourteen (14) day's notice of all general meetings and notices of motion shall be given to members. In the case of general meetings where a special resolution is to be proposed, notice of the resolution shall be given to members at least twenty one (21) days before the meeting.

d) In the case of the Annual General Meeting the following business shall be transacted:

i) confirmation of the minutes of the last Annual General Meeting and any recent special general meeting;

ii) receipt of the Committee's report upon the activities of the Association in the last financial year;

iii) election of office bearers and other members of the Committee;

iv) receipt and consideration of a statement from the

 

                                                December 15, 1992

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Committee which is not misleading and gives a true and fair view for the last financial year of the Association's:

o        income and expenditure

o        assets and liabilities

o        mortgages, charges and other securities

o        trust properties.

e) The quorum for a general meeting shall be seven (7) members present in person. If within half an hour of the time appointed for a general meeting a quorum is not present the meeting shall be dissolved.

f) Voting at general meetings shall be by a show of hands unless a secret ballot is demanded. Decisions shall be made by a simple majority vote except for those matters which must be decided by special resolution where a three-quarter majority is required.

g) All votes shall be given personally and there shall be no voting by proxy.

h) In the case of an equality of votes the person appointed to chair the general meeting shall have a second or casting vote.

i) Nominations of candidates for election as office bearers or other Committee members may be made at the Annual General Meeting or in such other ways as may be determined by the Association at a general meeting.

j) Written notice of all general meetings shall be given to members either personally or by the Association's Newsletter - This is Lugarno.

k) No new business shall be brought before the Meeting after 10 pm and meeting shall be duly closed at 10.30 pm unless an extension of time be granted by a vote of the members.

8. OFFICE BEARERS

a) The President or, in the President's absence, the Vice-President, shall act as chairperson at each general meeting and Committee meeting of the Association.

b) If the President and Vice-President are absent from a meeting or unwilling to act, the members present at the meeting shall elect one of their number to act as chairperson.

c) The Secretary shall ensure that records of the business of the Association including the rules, register of members, minutes of all general and Committee meetings and a file of correspondence are kept. These records shall be available for inspection by any member and shall be held in the custody of the Secretary.

d) The Treasurer shall ensure that all money received by the Association is paid into an account in the Association's

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name. Payments shall be made through a petty cash system or by cheque signed by two signatories authorised by the Committee. Major or unusual expenditures shall be authorised in advance by the Committee or a general meeting.

e) The Treasurer shall ensure that correct books and accounts are kept showing the financial affairs of the Association. These records shall be available for inspection by any member and shall be held in the custody of the Treasurer.

f) The Minute Secretary shall record all matters brought before the Association and shall enter same in the official Minute Book of the Association.

9. SPECIAL RESOLUTIONS

a) A special resolution must be passed by a general meeting of the Association to effect the following changes:

i) a change of the Association's name;

ii) a change of the Association's rules;

iii) a change of the Association's objects;

iv) an amalgamation with another Incorporated Association;

v) to voluntarily wind up the Association and distribute its property;

vi) to apply for registration as a Company or a Co-operative.

b) A special resolution shall be passed in the following manner:

i) A notice must be sent to all members advising that a general meeting is to be held to consider a special resolution;

ii) the notice must give details of the proposed special resolution and give at least 21 day's notice of the meeting;

iii) a quorum must be present at the meeting;

iv) at least three-quarters of those present must vote in favour of the resolution;

v) in situations where it is not possible or practicable for a resolution to be passed as described above, a request may be made to the Corporate Affairs Commission for permission to pass the resolution in some other way.

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10. PUBLIC OFFICER

a) The Committee shall ensure that a person is appointed as Public Officer.

b) The first Public Officer shall be the person who completed the application for incorporation of the Association.

c) The Committee may at any time remove the Public Officer and appoint a new Public Officer provided the person appointed is 18 years of age or older and a resident of New South Wales.

d) The Public Officer shall be deemed to have vacated their position in the following circumstances:

i) death

ii) resignation

iii) removal by the Committee or at general meetings

iv) bankruptcy or financial insolvency

v) mental illness

vi) residency outside New South Wales

e) When a vacancy occurs in the position of Public Officer the Committee shall within 14 days notify the Corporate Affairs Commission by the prescribed form and appoint a new Public Officer.

f) The Public Officer is required to notify the Corporate Affairs Commission by the prescribed form in the following circumstances:

i) appointment (within 14 days)

ii) a change of residential address (within 14 days)

iii) a change in the Association's objects or rules (within one month)

iv) of the Association's financial affairs (within one month after the Annual General Meeting)

v) a change in the Association's name (within one month).

g) The Public Officer may be an office bearer, committee member, or any other person regarded as suitable for the position by the Committee.

                                                                   November 1 1995

 

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11. TRUSTEES

a) Three (3) Trustees shall be appointed to control the funds (principal only) from the sale of the original property in Lime Kiln Road Lugarno. Any interest generated from this principal becomes the working funds of the Association.

b) These Trustees are appointed for life whilst residing in Lugarno or resign formally to the Committee.

c) On dissolution of the Association, the Committee is to formally recommend to the Trustees the disposition of the funds held in trust.

d) The President and Secretary shall execute any deed necessary to complete the appointment of new Trustees under the provisions of the Trustees Act 1925-44 as amended.

12. MISCELLANEOUS

a) The Association shall effect and maintain insurance as is required under the Associations Incorporation Act together with any other insurance which may be required by law or regarded as necessary by the Association.

b) The funds of the Association shall be derived from the fees of members, donations, grants and such other sources approved by the Association.

c) The Common Seal of the Association shall be kept in the custody of the Secretary and shall only be affixed to a document with the approval of the Committee. The stamping of the Common Seal shall be witnessed by the signatures of two members of the Committee.

d) The Association may at any time pass a special resolution determining how any surplus property is to be distributed in the event that the Association should be wound up. The distribution of surplus property shall be in accordance with section 53 of the Associations Incorporation Act 1984. Any surplus funds after dissolution must be paid to an organisation which is exempt from income tax under section 23 of the "Income Tax Assessment Act" 1936.

                                                                   November 1 1995

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12. MISCELLANEOUS (Continued)

e) Service of documents on the Association is effected by serving them on the Public Officer or by serving them on two members of the Committee.

f) Notices sent by post shall be deemed to have been received two days after the date of posting.

g) The income and property of the Association shall be used only for the promotion of the objects of the Association and shall not be paid or transferred to members by way of dividend, bonus or profit.

 

                                                November 1 1995
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