The Name of the Association shall be “Oaklands Estate Residents’ Association Incorporated”, hereafter referred to as “The Association”.
The triangular area bounded by STURT RIVER, OAKLANDS ROAD, CHAMBERS STREET and MINCHINBURY TERRACE shall comprise “Oaklands Estate” for the purpose of this Constitution.
- Preservation of “Oaklands Estate” as a Residential “Character” Zoned Area or the equivalent
- Preservation of the natural flora
- Fostering, care and concern for trees in the area
- Improvements of roadways, footpaths and public utilities
- The consideration and advancement of matters likely to be of benefit to Residents of “Oaklands Estate”.
- To do all such other things as may be incidental to the attainment of such objects.
A Resident of “Oaklands Estate” shall become a Member of the Association on payment of the Association’s Annual Subscription
- The affairs of the Association shall be managed by a general committee consisting of President, Vice-President, Honorary Secretary, Honorary Treasurer and a minimum of five (5) Committeepersons, the majority of whom shall be ratepayers, or their spouses or partners.
- The Secretary shall be the Public Officer of the Association.
Election of Committee
- Election of the Committee shall take place at the Annual General Meeting of the Association.
- Duly proposed and seconded nominations for the Committee shall be lodged with the Secretary before the date of the Annual General Meeting.
- If insufficient nominations are received, nominations may be accepted and positions filled at the Annual General Meeting.
- In the event that not all positions are filled at the AGM, the Committee shall have the power to fill any such vacancy including that of President.
- If a member dies or resigns during his/her term of office, the Committee shall have the power to elect a Member to fill the vacancy.
- The Committee may function validly notwithstanding any vacancies so long as its number is not reduced below the quorum.
- The powers of the Association shall be the powers contained in the Associations Incorporations Act and without limiting those powers the Association shall be entitled to hold real or personal property open and operate bank accounts, invest in trustee securities, and enter into any necessary or desirable contract including a contract of employment.
- The Committee shall be entitled to exercise the full powers of the Association, and without limiting those powers shall have the management and control of the funds and other property of the Association, provided that the Association must obtain the approval of a General Meeting before borrowing money or securing any payment by charging the property of the Association.
Annual General Meeting
- This Meeting of the Association shall be held during the month of October, at a place and time to be decided by the Committee. At least 7 days notice of the Annual General Meeting shall be given to all residents of “Oaklands Estate”.
- Only business, which comprises the Agenda, shall be considered.
Special General Meeting
- The Committee may, at its discretion, call a Special General Meeting of the Association if asked to do so by a Member or Members of the Association, or on its own initiative should it consider the business warrants a Special General meeting.
- Seventy-five per cent of members may, regardless of the Committee, request the Secretary to arrange a Special General Meeting giving seven days notice to members.
- A quorum at any General Meeting shall be 10 members or two-thirds of all members whichever is less.
If at any General Meeting there is no quorum within 30 minutes of the time appointed for the meeting then a majority of Members present may decide to adjourn the meeting for a period not exceeding 14 days. The quorum for such adjourned meeting shall be reduced to 5 members failing which the meeting will lapse altogether.
- Meetings shall be held as the need arises, but at intervals not exceeding 3 months, at a time and place decided by the President and the Secretary.
- All Meetings shall be conducted in accordance with the Rules of Debate.
- Any five (5) of the Committee being present at a Committee meeting shall form a Quorum.
The Annual Subscription rate shall be determined at the Annual General Meeting. Payment of the subscription shall entitle every resident member of a household over the age of 18 years to be a member of the Association.
- Each financial member of the Association is entitled to one vote at the Annual General meeting and at a Special General Meeting.
- A proxy vote will be allowed each member who is unable to attend an Annual General Meeting or Special General Meeting provided notification in writing signed by the member is given to the Secretary prior to commencement of the Meeting.
- The Chairman of the Annual General Meeting or Special General Meeting shall have a personal vote and shall in addition have a casting vote if votes are equal.
- At Committee meetings each Committee Member including the Chairman shall have one vote and in addition the Chairman shall have a casting vote if votes are equal.
- The President shall chair Executive, Committee and General Meetings except that in the absence of the President or at the request of the President another Member may act as Chairperson at that meeting.
- The President together with the Secretary shall prepare the agenda for Committee and General Meetings.
- The Secretary shall ensure that notice of meetings is given in accordance with the provisions of this Constitution.
- The Secretary shall ensure that records are kept of the Association including the Constitution and policies, a register of minutes of meetings and of notices, a file of correspondence, and records of submissions or reports made by or on behalf of the Association.
- In the absence of the Secretary or at the request of the Secretary another Member shall be elected as Minutes Secretary.
- The Treasurer shall ensure that all monies received are paid into an account authorised by the Committee in the name of the Association. Payments shall be as petty cash or by cheque signed by two authorised signatories of whom there shall be no more than four appointed by the Committee. Major or unusual expenditures shall be authorised in advance by the Committee or a General Meeting.
- The Treasurer shall ensure that records are kept of all receipts and payments and other financial transactions. Such records shall be available for inspection by any Member.
- The Treasurer shall ensure that financial statements are prepared and shall submit a report on the finances to each Committee Meeting.
- The Treasurer shall ensure that Annual Financial Statements comprising either an account of receipts and payments and a statement of assets and liabilities or an account of income and expenditure and a balance sheet shall be prepared following the end of the Association’s financial year, which shall commence on 1st October and end on 30th September unless altered at a General Meeting.
- The Treasurer shall ensure that, for presentation to the Annual General Meeting the Annual Financial Statements are audited by an independent auditor.
- Where the auditor is changed the Treasurer shall so inform the Annual General Meeting in the Treasurer’s Report.
An Honorary Auditor shall be elected, under the same terms as the Committee, at the Annual General Meeting.
Alteration of Constitution
The Constitution may only be altered by a majority decision of members present at an Annual General Meeting or a Special General Meeting called for the purpose. Notice to alter the Constitution shall be forwarded to the Secretary at least twenty one days (21) before the date of the General Meeting. Notice calling a meeting to consider any alterations must be given to members at least seven (7) days before the meeting, together with details of all proposed changes.
Liability, Property and Dissolution
Public Liability Insurance to be current at all times
- Persons who with the authority of the Committee incur any debt or other liability on behalf of the Association shall have such liability met by the Association so that they incur no personal loss.
- The funds of the Association shall be used solely towards the promotion of the objects and shall not be paid or transferred to any Members or relatives of Members, provided that this shall not prevent any payment in good faith to any person in return for services actually rendered or to any person in furtherance of the objects of the Association and without undue preference.
- The Association shall not be dissolved except in accordance with the Associations Incorporation Act and following the approval of not less than three-fourths of the Members present and voting at a meeting called for that purpose and for which not less than one calendar month’s written notice including notice of the proposed dissolution has been distributed to all Members.
On dissolution of the Association any remaining funds to be utilized within the “Oaklands Estate” at the discretion of the Committee.