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Updated Notice NACCAi - Proposed Constitution
InformationmpicklesSun, 19/01/2020 - 8:16am
Updated NOTICE from North Arm Cove Community Association
The name of the Association is now officially changed to North Arm Cove Community Association to with the intention of reflecting the wider membership and the broader community that the Association represents now and in the future.
The proposed constitution has been considered by members and a number have contacted the Association by email, phone or meeting.
Feedback from members.
- Some members have requested no change to the membership and the current rules for the Association. A proposition has been put that the Association revert back to the 1992 Constitution that is has been lost. There is no copy of the Original Constitution of 1992 available. The current legal position of the Association has been provided including the original membership, objective and model rules updated from 2016 which is in the attachment. Membership is for people living in the Village area only.
- Change is supported by a number of members to broaden the area from the village area to a neighbourhood.
- RU2 landholders have voiced their main reasons for joining the Association are to participate in communication with residents, to benefit from the communication the Association has with MCC and other authorities, and to maintain their blocks legally and sustainably.
- Some residents and members have expressed concern about the influence on the Association by members who live outside of the Village area and possible differences in opinions and priorities, and outcomes on motions that are put to a vote.
- The Executive Committee has taken advice from a number of members including the Subcommittee and have sought independent feedback from Councillor Len Roberts.
- It is proper to review and update the constitution that was written in 1992 to take account of changes that have occurred legally and socially over the last 28 years. The original constitution was registered under North Arm Cove Residents Association in 1992 it is proper to review the membership and the objectives. The original constitution was lost and the Sub Committee have recently provided a document that is an equivalent constitution updated to match the 2016 changes in regulation. You can read this Current Constitution NACCAi 1992.pdf This constitution would need to be properly registered to avoid the issues in the future. Members are entitled to a proper updated constitution that is registered with Fair Trading and provides rules and guidelines for conducting business.
- Membership should be open to all landholders and residents in the neighbourhood area without classes and without differences in their entitlements as members. The Model Constitution provides for the Association to manage conflicts and differences in a number of ways that are equitable to all members.
- The new neighbourhood area is the locality of North Arm Cove designated by MCC and it is this whole area that will be considered for Community Plans which is the new way forward that Council has adopted for planning and allocation of works and resources. The Association would have great strength in adopting this as the area in place of only the Village area.
- One of the main triggers for changing the constitution to allow non urban members who have joined the Association under the Model Constitution continued membership rights. There is a perception and fear that there could be differences in priorities however no evidence has been presented. A tranching clause was included in the previous draft constitution and a segregation clause in the last draft. This clause is not required as it is up to the Chair of the meeting to deal with voting under the constitution and there are a number of options, including seeking further advice, conducting a forum with the wider community, determine that the issues is not the sole concern of the Association and would not require a motion, etc. All association have differences within their membership and do not seek to make rules based on fears. For these the Voting Clause provides for the Chair to manage differences and conflicts with the memberhip.
- Note: There are 20 non-urban members presently joined the Association. There is a total of 110 members. The main consideration is whether to retain a focus on the village only or take into account the changes since 1992 when the original membership was set. These were times when developers were represented on the Council and had an eye on North Arm Cove. At this time it was decided to differentiate with non urban land holders and the village. Times have changed.
The Special Meeting notice is still current and presents the Draft Constitution presented in December with minor changes. See this tableComparison of the 1992 Orignal NACRA Constitution and Ammended Proposed NACCAi Constitution.pdffor a summary of the differences between the 1992 arrangements and the proposed constitution.
Notice of Special Meeting 10 am 8 February 2020 to pass the following resolution:
That the existing Constitution and Objects of the North Arm Cove Community Association Inc be replaced by the new Constitution and the Objects defined therein that are annexed to this Special Resolution and available here NACCAi Draft Constitution January 2020 Ammended final Version..pdf
that the new Constitution and Objects take effect from the conclusion of this Special General Meeting pending final approval by the NSW Office of Fair Trading.
Outcomes: Should this constitution not be accepted and another consitution proposed a Special Meeting would be required with 21 Days Notice. Options include the Model constitution with Membership and Objects added only, Or retaining the Original 1992 Constitution without a special meeting and registering the now updated version posted above.
Membership arrangements that have been used for many years do not conform to the 1992 rules and membership form, additional stipulations are proposed to ensure the authenticity of nominees.
At present members can apply to the Association, be accepted by the Committee members and become a member.
It is proposed that the Membership procedures be reviewed by the Committee and put to a General Meeting if required to include the following;
Attendance at a meeting prior to applying for membership.
Nominations supported by 2 existing members
Members agree to abide by the Constitution.
Nominees state the reason for their application
Approval by the Committee and by motion at a general meeting.