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.
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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
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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 |
