Kirra Governance Model

Overview

This page is an overview and summary of the roles and responsibilities within the Kirra Eco-village Community Association framework. It ensures that budgets are timely and reasonable and that each part of the community is represented by the community members. Click each Heading to discover more about the responsibilities of the role within the community.

KIRRAutility (Ku) 

KIRRAnet (Kn)

KIRRAlabs (Kl)

KIRRAag (Ka)

KIRRAcivic (Kc)

KIRRAmaker (Km)

KIRRAkitchen (Kk)

KIRRAretail (Kr)

Kirra Ecovillage Community Association - Rules of Association

RULES OF ASSOCIATION

KIRRA ECOVILLAGE COMMUNITY ASSOCIATION

An unincorporated association

1.            OVERVIEW

These rules of association (hereinafter "Rules") apply to the unincorporated association which operates under the name of KIRRA ECOVILLAGE COMMUNITY ASSOCIATION (hereinafter "Association").

These Rules shall be binding on all members and membership classes of the Association and shall be enforceable in the courts of Queensland or the courts of the State that the Kirra property is located.

2.            DEFINITIONS

In these Rules, the following definitions shall apply:

"Association" means KIRRA ECOVILLAGE COMMUNITY ASSOCIATION

"Committee" means any committee of the Association; such committee being created under these Rules.

"Member" means a member of the Association, having attained membership in accordance with these Rules in a classification of Membership described herein with those associated rights.

"Rules" means these rules of Association.

“Kirra” means any of the Kirra Name, Kirra Real Property or other Properties and Assets of the Association.

“Community” means the Guests, Members and Visitors to any Kirra location or event.

3.            PURPOSE

1)      The Association is established to be a charity for the purpose ("the Purpose") of:

a)      promoting sustainable ecological practices as they relate to an off-grid lifestyle; and

b)      promoting, educating and provide affordable ecological housing; and

c)      enhancing an individual’s well-being, through education and interaction with the natural world; and

d)      educating and assist individuals in the reduction of their global footprint; and

e)      promoting and educate about recycling and reuse of limited resources; and

f)       educating about food and resource lifecycles from cradle to grave for both abundant and scarce resources; and

g)      providing education on contemporary agricultural methods for small-scale food production with various gardening techniques and permaculture principles; and

h)      enhancing natural environments by undertaking projects to encourage native tree planting and regenerative agriculture; and

i)       researching and promoting natural and first-nations natural medicines and treatments, resource use and management, food production and cultivation, lifestyle and culture; and

j)       educating individuals about natural ecosystems and how to be harmonious with ecosystems to produce abundance; and

k)      promoting the repair and reuse of unwanted and damaged goods, to reduce waste, making those goods available to people in need, albeit poverty, or natural disaster; and

l)       All things considered within and consistent to furthering the United Nations – Sustainable Development Goals.

m)   Providing community support to those in need as the result of a bushfire or other natural disaster in an area that the Association operates for the purposes of assisting in the recovery of such a disaster, which at the discretion of the Association, may extend to:

i)       accommodation provision at an Association location; and

ii)     financial assistance to people directly impacted by the disaster; and

iii)   the provision of food to people directly impacted by the disaster; and

iv)   any other form of assistance aiding in the recovery from a disaster. 

2)      The Association may do all things that help it to achieve or further the Purpose, in accordance with these Rules.

3)      The Association may only do things for the Purpose including things that are required to support the outcomes of the Purpose directly or indirectly.

4)      The Association may use any assets and income of the Association for the Purpose.

5)       For the sake of clarity, the Association is permitted to do the following:

a)      pay a member an amount less than or equal to a fair market rate, for goods or services that the Member provides to the Association in accordance with the Purpose; or

b)      provide a benefit to the Member, including a financial benefit, if that benefit is in accordance with the Purpose or is necessary in order to further the Purpose.

4.            MEMBERSHIP

1)      Any person ("the Applicant") may apply to become a Member of the Association by undertaking the following process:

Applicants must submit a formal application, undertake a trial period as determined by the Governance Committee and, pay any amounts due to complete the application and membership process.

2)      In order to be eligible to become a Member, an Applicant must, (among other things):

a)      satisfy the Committee that the Member supports the Purpose; and

b)      agree to be bound by these Rules.

3)      After the Committee has made a determination regarding the Applicant's application, the Committee will contact the Applicant as soon as possible, to tell them whether the application has been approved or rejected.

4)      In the event that an Applicant's application is rejected, the Association does not need to provide reasons to the Applicant, but should not unreasonably withhold a reason if a request is made by the Applicant.

5)      If an Applicant’s application is rejected, this does not preclude the Applicant from submitting a further or subsequent applications.

6)      These rules apply to all Members and Casual Guest visiting upon any property of the community.

7)      A Member accepts full responsibility for the behavior of any Casual Guest they invite onto the property. To the extent that:

a)      Any damage done is the responsibility of Member; and

b)      Any disciplinary action will be taken against the Member.

8)      Any Member may request that a Casual Guest leave the property.

5.            MEMBERSHIP CLASSES

1)      Memberships have the following classes:

a)      Lifetime Community Citizen Member (“Lifetime Citizen”)

b)      Community Citizen Member (“Community Citizen”)

c)      Probationary Community Citizen Member (“Probationary Citizen”)

d)      Honorary Citizen Member (“Friend of Kirra”) (No Voting Rights)

e)      Guest Member (“Supporter of Kirra”) (No Voting Rights)

f)       Casual Guest (“Casual Guest”) (No Rights)

2)      Memberships in classes 5.1(b) through 5.1(d) are only valid if the member is fully paid and payments are up to date.

3)      Within membership class 5.1(b) or 5.1(c) unpaid memberships or memberships in arrears, revert to a Guest Membership, class 5.1(e), until such memberships are again, fully paid.

4)      Only memberships in classes 5.1(a) and 5.1(b) are entitled to vote in community elections.

5)      Committee members must always maintain their memberships in a good standing.

6)      Acceptance to membership class 5.1(a) requires the nomination by any other class 5.1(a) member and an affirmative vote of not less than half of the class 5.1(a) membership.

7)      Membership of class 5.1(a) is irrevocable and perpetual unless the member dies.

6.            FEES

1)                  There are primarily two types of contributions that a member pays to the Association;

a)      A weekly rate, which is paid every week, regardless of the attendance of the member; and

b)      An amount to establish and occupy a new home on a vacant plot; or

c)      An amount to occupy an existing home on an established plot.

2)                  The Association may charge members fees ("Fees") in the following manner:

a)      A Probationary Citizen, that is a member of class 5.1(c) membership, is responsible for paying the weekly contribution to the community.

b)      Each Member that is establishing a new permanent home on a new plot of land within the community, must pay the appropriate amount of money for a new eco-friendly home. This excludes:

(1)   Members who establish a temporary dwelling other than a permanent home, such as:

(a)   A Caravan; or

(b)   A Tent; or

(c)   Another form of temporary accommodation

(2)   A member establishing a temporary dwelling as described in 6. (1).(b).(1) (above) may only maintain this manner of accommodation on any vacant plot within a community location for a period of no longer than 6-months. For clarity’s sake, moving the accommodation to another vacant plot within the same community location, is not considered a move, and the duration of occupation does not reset or become otherwise invalid.

(a)   Any member is entitled to request an exclusion or extension to this clause.

(i)     The member must lodge a formal request for consideration in writing to a Governance Committee member; and

(ii)  The Governance Committee will add this application to the next meeting’s agenda for consideration, at which time the Governance Committee shall decide the outcome of the application. An outcome at the discretion of the Governance Committee, may include an extension of the current arrangement and a review date that is more or less than the default 6-month review period; and

(iii)            Relay that determination, without delay to the applying member.

(iv) If the decision is to allow continuation of the current arrangement, no further action is required by the member or the Governance Committee, and the occupation continues until such time as stated in the decision.

(v)   If the decision is to disallow the continuation of the current arrangement, the Governance Committee may provide an option or a list of options to the member together with other remediation, deadlines or conditions, or enforce an action upon the member, which may include cancellation of the member’s membership.

c)      If the community member permanently and physically leaves the community, the amount that they paid for their home will be refunded to them or their estate. The amount refunded will be equal to the amount paid for the dwelling.

d)       The payment to the outgoing Member will be paid within 24 months of the Member physically leaving the community.

e)      If an outgoing Member completes improvements to the home, they will be paid a maximum of 30% of the value of the improvements at the pro-rata rate that the home would have cost at the time of purchase in addition to the original amount paid. For the sake of clarity, a 1-bedroom home may cost $10,000 and a 2-bedroom home may cost $20,000. A member paying the amount of $10,000 to establish a 1- Bedroom home, who then extends that home to become a 2-bedroom home, is only entitled to receive the original $10,000 plus 30% of the cost difference between the cost of a 1-bedroom home (at the time the 1-bedroom home was purchased) and the cost of a 2-bedroom home (at the time the home was purchased), in this case, $3,000. This also applies to a home that is established without wet areas, yet is subsequently modified to include wet areas. If the homeowner member makes modifications to include their own water and power facilities, they must add a tailing for each service at the front of the dwelling facing the street frontage of the plot.

f)       If improvements to the home are made by the community, and paid for by the Member, they will be refunded the improved value of the home, equal to the amounts that were paid by the Member to the community for the home.

g)      If there are no new plots available, a new member must pay the then-current price for a dwelling that is offered or chosen and accepted by the new member. If the new member is not willing to pay the then-current price or deems the dwelling inappropriate for their needs, the vacancy in membership and dwelling is offered to the next waiting new member. This process continues until the community has no vacancies. The position of the new member remains as-is at the time of the original or initial offer, despite the decline by the waiting member.

h)      If a new member takes on an existing home, the new member may pay the appropriate amount to have the home extended to suit the needs of the new member. For clarity, only an increase in home size is considered in this condition.

i)       Each member must pay a weekly contribution to the community upkeep. This contribution may be used, but is not limited to, the payment of council rates and other costs incurred by the community from time to time. Any spending by the community is at the discretion of the Governance Committee.

j)       If the community can be meet its obligations and is considered self-funded by the efforts of the community, sale of community assets, services, products, charitable donations, or through events, such a weekly contribution shall be reduced in the spirit of a not-for-profit association.

k)      A fee in-kind is to be paid by each member as a direct non-financial contribution towards the community. This is in the form of skills or labor. A member must contribute 20 hours of effort each calendar week to meet their obligations under this membership fee.

l)       The community has a charge for normal utilities. These include water, power, and telecommunications, such as telephone and Internet. These are charged at the then current rate for each utility provided to the community member according to the Schedule of Fees.

m)   The Schedule of Fees is published on the website at https://www.kirra.community/the-kirra-plan/homes-costs.

n)      All prices are increased by 14.5% per annum on the 1st of July each year.

7.            SUSPENSION OR TERMINATION OF MEMBERSHIP

1)      A person's membership is automatically suspended if that person fails to pay Fees within 7-days of when they fall due.

2)      If the membership of one person in a community home is past due, all members of the home are classed as past due.

3)      A person's membership may be cancelled if that person fails to pay Fees within 30-days of that person's membership being suspended.

4)      A person stops being a member altogether if that person:

a)      provides to the Committee written notice of resignation; or

b)      physically leaves the community on a permanent basis; or

c)      has their membership cancelled in accordance with these Rules; or

d)      dies.

5)      If a person has had their membership suspended, that person cannot exercise any member's rights (such as voting at meetings), unless and until the period of suspension ends.

6)      If a person has stopped being a member, then that person must reapply for membership in the ordinary manner, and must have that application accepted by the Committee, before being able to exercise any member's rights.

7)      In the event that a person resigns as a Member, that person is not entitled to any reimbursement of any Fees (or any part of any Fees) that have been paid. The exception is as cited above when the member has paid a fee for a community home.

8.            REGISTER OF MEMBERS

1)      The Association will maintain a register of Members ("the Register").

2)      A person will become a Member when that person's name is entered in the Register.

3)      The following details for each Member ("Details") will be recorded in the Register:

a)      full name;

b)      place of birth;

c)      date of commencement of membership;

d)      classification of membership;

e)      date of change of classification of membership;

f)       phone number;

g)      email address;

h)      home Kirra location

i)       the following additional detail(s):

For the purposes of ensuring that all members can be contacted as necessary, for the sake of this clause, a probationary member will have the same details recorded as a fully financial member.

2)      Upon cessation of being a Member, the Association will enter in the Register the date that the person stopped being a Member, as soon as possible after the person stops being a Member.

3)      If a Member requests that access to some or all of the Member's Details be restricted, the Committee may, in the Committee's discretion, determine whether or not to restrict access to such Details, and:

a)      The Committee may levy an additional Fee to enact item 8.3 above.

b)      Details with restricted access may only be viewed by a class 5.1(a) member.

9.            ACCESS TO DOCUMENTS

1)      Members may request access to or copies of the following documents ("the Documents"):

a)      the Rules;

b)      the Register; or

c)      minutes of general meetings of the Association.

2)      For the sake of clarity, the Association is not required to provide Members with access to or copies of Committee meeting minutes, unless the Committee explicitly allows it.

3)      The Association must provide the Member with access to or copies of the Documents, unless:

a)      the request that the Member has made for the access to or copies of the Documents is unreasonable; or

b)      the Documents contain information which is confidential, or which relates to another person's personal, legal, medical, health, employment, or financial matters; or

c)      providing access to or copies of the Documents may cause a breach of a law; or

d)      providing access to or copies of the Documents could cause harm or damage to the Association.

4)      In the event that the Association refuses for a reason described under the preceding sub-clause hereof to provide a Member with access to or copies of any Documents, but the Association may be able to provide limited access or limited copies without causing one of the issues in the preceding sub-clause hereof, then the Association will provide such limited access or limited copies to the Member.

5)      Any documents or copies that the Association is providing to a Member under this clause will be provided within a reasonable time.

6)      The Association may charge reasonable fees for producing copies of any documents in accordance with this clause.

10.         THE COMMITTEE AND SUB-COMMITTEES

1)      The Association will have an Association Governance Committee ("the Committee") which is made up of committee members ("Committee Members") within the KIRRAcivic sub-committee.

2)      The Committee has the following role:

a)      governing the Association;

b)      managing the day-to-day operation of the Association;

c)      ensuring that the Association is managed responsibly;

d)      ensuring that the Association operates in pursuit of its purpose.

3)      The Committee will have all of the specific powers and functions that the Association has except for those powers or functions which are reserved to be exercised by the Members.

4)      The Committee may delegate its powers or functions to sub-committees, staff members, Members of the Association, or to Committee Members, as permitted by law.

5)      Committee Members will be elected at a general meeting of the Association, by a ballot of the Members.

6)      The Committee must have a minimum number of 3 Committee Members at any time.

7)      At the first Committee meeting after each annual general meeting, the Committee must appoint a Committee Member as chair of the Committee ("the Chair").

8)      The Committee has the power to appoint and remove Committee Members from various positions, and may determine the roles and responsibilities of any Committee Member.

9)      A Committee Member is appointed for a term of up to one year, and stops being a Committee Member at the end of the annual general meeting after that Committee Member was appointed.

10)  After a Committee Member's term ends, that person may be appointed as a Committee Member for a subsequent term.

11)  If a Member wishes to join the Committee or Sub-Commitee, that Member must:

a)      have another Member support their application; and

b)      put forward a nomination by writing to the Committee, or put forward a nomination at a general meeting where an election for the Committee is being held.

c)      In order to be eligible to be a Committee Member, a person must:

i)      be a fully paid Member, both at the time of that person's nomination, at the time of their appointment as a Committee Member, and for the duration of that person's term as a Committee Member; and

ii)     be nominated in accordance with this clause; and

iii)   provide to the Association a signed consent to act as a Committee Member.

d)      A person stops being a Committee Member if that person:

i)      provides to the Committee written notice of resignation; or

ii)     is removed by a resolution of the Members; or

iii)   stops being a Member; or

iv)   is absent from all Committee Meetings, without the consent of the Committee, for three months or more; or

v)       dies.

12)  In the event that the number of eligible applicants nominated to be Committee Members is equal to the number of Committee Members required, the Chair may appoint those nominated Committee Members as Committee Members, without holding a ballot.

13)  In the event that a Committee Member stops being a Committee Member before the end of the annual general meeting after that Committee Member was appointed, the Committee may appoint a Member endorsed by any Lifetime Member to be a Committee Member until the next annual general meeting, without requiring a meeting of the Members to do so.

14)  The Sub-Committees within the Association may include:

a)      KIRRAutility; and

b)      KIRRAnet; and

c)      KIRRAlabs; and

d)      KIRRAag; and

e)      KIRRAmaker; and

f)       KIRRAkitchen; and

g)      KIRRAretail; and

h)      KIRRAcivic.

11.         COMMITTEE DUTIES

1)      In addition to any other duties and responsibilities provided by law or elsewhere in these Rules, the Committee has the following duties:

a)      ensuring that accurate minutes are kept in relation to general meetings and committee meetings; and

b)      ensuring that other records are kept in accordance with these Rules; and

c)      ensuring that the Association's documents are made available to Members as required by these Rules.

12.         COMMITTEE MEMBER DUTIES

1)      Committee Members must:

a)      comply with their duties under Australian law; and

b)      ensure that the Association complies with its duties under Australian law; and

c)      act in the best interests of the Association; and

d)      act only to further the Purpose of the Association.

2)      This section applies to any sub-committees formed for the Purpose.

13.         COMMITTEE MEETINGS

1)      A Committee Member may call a meeting of the Committee ("Committee Meeting") in the following circumstances:

a)      by providing reasonable notice to the other Committee Members if the Committee Meeting is urgent; or

b)      by providing seven days' notice to the other Committee Members in all other circumstances.

2)      The Committee may determine how often it will hold Committee Meetings.

3)      The Committee may determine the manner in which Committee Meetings may be held, including whether Committee Members must attend in person, or whether they may attend via technological systems such as telephone or video link.

4)      The Chair will chair any Committee Meetings.

5)      In the event that the Chair is not present at a particular Committee Meeting, the Committee may appoint a different Committee Member to act as chair for that particular Committee Meeting.

6)      For a resolution to be passed, more than half of the Committee Members present at the particular Committee Meeting must vote in favor of the resolution.

7)      The Committee may, in the Committee's discretion, permit circular resolutions.

8)      The Committee may, in the Committee's discretion, determine the method by which Committee Members may vote on a circular resolution, which may include but is not limited to the following methods:

a)      Australia Post; or

b)      email; or

c)      digital signature; or

d)      electronic forms; or

e)      other electronic means.

9)      In order to pass a circular resolution, the resolution must be proposed in writing and every Committee Member must agree in writing to the resolution (by a means as determined by the Committee, in accordance with the preceding sub-clause hereof). The circular resolution is passed at the time that the last Committee Member has agreed to it in writing.

14.         QUORUM FOR COMMITTEE MEETINGS

A quorum for Committee Meetings is more than 50% of the Committee Members. If any more than 50% of the Committee Members are present at a Committee Meeting, the Committee Meeting is validly held.

15.         GENERAL MEETINGS OF MEMBERS

1)      For the sake of clarity, in the event that these rules are disputed by a Member, clarification and interpretation by any class 5.1(a) Member will be considered the meaning of the rule, and the meeting will be conducted within that interpretation.

2)      Any class 5.1(a) Member may oversee a general meeting to ensure that it is conducted according to these rules and adjudicate if necessary to resolve any disputes at that meeting.

3)      The Committee may call a general meeting of the Members ("General Meeting").

4)      Any class 5.1(a) Member may call a general meeting of the Members.

5)      If a group of Members which makes up at least 10% of the total Members entitled to vote at General Meetings asks the Committee to call a General Meeting, then the Committee must call a General Meeting.

6)      Any Members requesting a General Meeting under the preceding sub-clause hereof must, at the time of the request for the General Meeting, provide details of any resolution that is to be proposed at the General Meeting.

7)      In the event that a group of Members requests a General Meeting under the preceding sub-clauses hereof, but the Committee does not call a General Meeting within two months of having received that request:

a)      50% or more of the group of Members who initially requested the General Meeting (being the group of at least 10% of the total Members entitled to vote at General Meetings) may call a General Meeting; and

b)      the General Meeting must be held within three months of the initial request for a General Meeting; and

c)      the General Meeting should, as much as possible, be held in accordance with the procedures set out in these Rules; and

d)      the Members shall be entitled to appoint a Member of class 5.1(a) to organize and Chair the General Meeting in the absence of the Committees willingness to do so.

8)      Members (and any auditor that has been appointed to the Association) must be given at least 21 days' notice of any General Meeting.

9)      The notice of any General Meeting must be provided in writing and sent to the Member using the contact details that are recorded in the Register and the notice made available on the Members Portal of the website.

10)  The notice of any General Meeting must include the details of the General Meeting, any resolutions to be proposed at the General Meeting, any issues that are proposed to be discussed at the General Meeting, and whether any technological systems may be used to enable Members to attend the General Meeting from a different location.

11)  The Association must hold an annual general meeting within 18 months of the Association first coming into existence.

12)  After the Association holds its first annual general meeting, it must hold subsequent annual general meetings at least once per calendar year.

13)  At each annual general meeting, the Association must provide reports to its Members about the activities of the Association and the financial position of the Association.

14)  The ordinary business which the Association must undertake at the annual general meeting includes reviewing the minutes of the previous annual general meeting, receiving reports and statements on the previous financial year, and electing Committee Members ("Ordinary Business").

15)  If the Association proposes to undertake any other matters at an annual general meeting, besides the Ordinary Business, the notice of the annual general meeting must include details of those other matters, as well as any special business or resolutions to be considered at that annual general meeting.

16)  Members can propose resolutions to be voted on at a General Meeting in the following manner:

a)      a group of at least 10% of Members who are entitled to vote at a General Meeting may write to the Committee to propose the resolution;

b)      provided that the Committee is able to meet the requirements regarding notifying Members of proposed resolutions prior to the General Meeting, then the Committee will notify Members of the proposed resolution;

c)      the proposed resolution will be proposed at the next General Meeting, held no later than two months after the date the Members first propose the resolution.

17)  Members may propose resolutions in any other way permitted by law or by these Rules.

18)  The Chair will chair General Meetings.

19)  If the Chair does not attend, the Members at the General Meeting can choose another Committee Member or a Member of class 5.1(a) to be the Chair for that General Meeting.

20)  The Chair is responsible for the conduct of the General Meeting

21)  The Chair must give members a reasonable opportunity to make comments and ask questions, including to any auditor that may have been appointed to the Association.

22)  Each Member in attendance at a General Meeting (whether in person, or by some other means) has one vote.

23)  Votes at a General Meeting may be taken in the following manner:

a)      by a show of hands; or

b)      by a written ballot; or

c)      by electronic ballot; or

d)      by any other method that the chair determines to be reasonable in the circumstances.

24)  If a vote is held initially by a show of hands, any Member can request that the vote be held again by written or electronic ballot.

25)  A vote only passes if a majority of the Members voting on it vote in favor of it. The Chair does not have a deciding vote.

26)  If a vote is held by a show of hands, the Chair will be responsible for counting the show of hands, and the Chair's decision as to the result of that show of hands is conclusive evidence of the result of the vote.

27)  If any vote is cast in which the vote is deadlocked and there is no majority, a vote cast by a Member of class 5.1(a) will be considered the deciding vote.

28)  If the Member of class 5.1(a) does not wish to cast a deciding vote, the Member of class 5.1(a) or the Chair may set aside the vote and change the voting method to a written ballot or electronic ballot.

a)      A vote that is set aside must be concluded within 7 days of the initial vote.

16.         QUORUM FOR GENERAL MEETINGS

1)      A quorum for General Meetings is 10% of the Members entitled to vote at a General Meeting. If 10% or more of the Members entitled to vote at a General Meeting are present at a particular General Meeting, the General Meeting is validly held.

2)      The quorum for any specific resolution to be determined at a general meeting in which a proxy vote has been obtained must consider the number of proxy votes to determine if at least 10% of the Members entitled to vote have indeed voted on the resolution.

17.         ADJOURNING GENERAL MEETINGS

1)      If a quorum is not present within 30 minutes after the General Meeting was scheduled to start, the chair of that General Meeting may adjourn the General Meeting.

2)      If the chair of a General Meeting determines that there is not enough time at the General Meeting to consider all of the business that needs to be considered at that General Meeting, then the chair may adjourn the General Meeting.

3)      The chair of a General Meeting must adjourn the General Meeting if the majority of Members who are entitled to vote at the General Meeting (and who are in attendance at the General Meeting) tell the chair to do so.

4)      In the event that a General Meeting is adjourned, no new business may be dealt with at the resumed meeting ("the New Meeting"). Only unfinished business from the adjourned meeting ("the Adjourned Meeting") may be addressed.

5)      In the event that a General Meeting is adjourned, a notice of the New Meeting must be provided to all Members using the contact details that are recorded in the Register.

6)      In the event that the New Meeting is scheduled for a date that is less than 21 days from the date of the Adjourned Meeting, then a notice of the New Meeting does not need to comply with the 21-day notice requirements, (but still needs to be provided to Members).

18.         SPECIAL RESOLUTION

1)      A special resolution of the Association ("Special Resolution") is passed if:

a)      at least 21 days' notice of the Meeting at which the Special Resolution will be proposed has been given to the Members; and

b)      at least 75% of the Members who are entitled to vote at the Meeting (and attend the Meeting in person or by proxy or remote), vote in favor of the Special Resolution.

19.         USE OF FUNDS

1)      Any funds received by the Association may only be used as follows:

a)      To further the Purpose.

20.         RECORD KEEPING

1)      The Association must maintain written records ("the Records") that:

a)      correctly record its operations; and

b)      correctly record and explain its financial situation; and

c)      enable true and fair financial statements to be prepared and if requested by the membership audited.

2)      The Association must produce the Records when required by law.

3)      The Association must retain the Records for at least seven years, or such time as required by law or specified in the Australian Record Retention Manual for each class of record.

21.         AMENDMENTS TO RULES

1)      Subject to the other provisions of these Rules, and subject to any applicable laws, these Rules may be amended by the Members passing a Special Resolution at a General Meeting in support of the proposed amendment.

2)      No rule amending the status of a Class 5.1(a) Member or changing the powers provided to a Class 5.1(a) Member shall be enacted or considered legitimate.

22.         FINANCIAL YEAR

The Association's financial year will run from 1 July until 30 June, unless the Committee passes a resolution to change the financial year.

23.         INDEMNITY

1)      To the maximum extent permitted by law, the Association hereby indemnifies Members for any expenses, debts, or liabilities that the Member incurs on behalf of the Association, provided that the Member was authorised by the Association to incur those expenses, debts or liabilities, and the Member was acting in good faith and in the best interests of the Association when the Member incurred the expenses, debts, or liabilities.

2)      If the indemnity described in this clause ("the Indemnity") applies to a Member, the Member shall be entitled to be reimbursed out of the assets or income of the Association.

3)      The Indemnity only applies if the Member is not entitled to be indemnified by any other party and is not actually indemnified by any other party.

4)      The Indemnity is a continuing obligation and is enforceable by a person even if the person has stopped being a Member of the Association.

24.         INSURANCE OF MEMBERS

The Association may, if permitted by law, insure a Member (or a former Member) for any liability incurred by that person in connection with that person's role as a Member of the Association.

25.         DISPUTE RESOLUTION

1)      The following dispute resolution procedure will apply to the Association:

a)      The rules for dispute resolution apply equally to all Membership classes and casual guests at any Kirra property at any time.

b)      In the first instance, a dispute must be managed by those engaged in the dispute within the Golden rules of the community, which state that:

i)       No Advice – You will give no advice unless your counsel is sought.

ii)     No Judgement – You will not judge the moral decisions of others.

iii)   Respect Choices – You respect their choices and in return they respect yours.

c)      If the dispute cannot be adequately settled and to the satisfaction of the disputing parties, either party may seek a hearing from the Governance Committee to resolve the dispute.

i)       If a hearing is convened by the Governance Committee, any other members may attend that hearing.

ii)     At a hearing, all disputing parties may table their view or evidence and suggest a resolution.

iii)   Any action or direction by the Governance Committee shall be binding on all parties to the dispute.

iv)   For disputes considered serious or harmful to people or property, in which the Governance Committee can't resolve the dispute to the satisfaction of both parties, it may seek to have the membership of either party (or both) cancelled and insist that the member leave the community, at which time their membership will cease and they shall be ejected from the community.

(1)   The Governance Committee will provide an order and determination around the removal of a party from the community, such as leaving the community within 30-days or such.

v)      In the event of family or relationship breakdown or physical or domestic violence is evident, where the members are cohabitating, the Governance Committee will rehome either of the aggrieved parties to other accommodation immediately if there is available accommodation.

(1)   In the case of domestic or physical violence, the Governance Committee can determine that until the matter is resolved to the satisfaction of the disputing parties, one or both parties must find alternative accommodations outside the community.

(2)   Any person can seek police or other government assistance at any time.

(3)   If the disputing parties, in this case, can't find a suitable resolution, it will be the responsibility of the Governance Committee to determine the fate of either member or both members, which can include the removal of one or both disputing parties from the community and the revocation of any membership.

d)      If a dispute cannot be settled amicably by the disputing parties, and the disputing parties don't wish to seek a hearing, they may seek counsel from any class 5.1(a) Member.

e)      Any class 5.1(a) Member has the power to supersede a determination by the Governance Committee and may provide a binding resolution upon all involved parties. If this course of action is selected by a disputing party:

i)       The class 5.1(a) Members decision shall be binding on all parties.

ii)     If the resolution is not adhered to by the disputing parties, a consequential action may be taken, which may include cancellation or Membership and ejection from the community.

26.         DISCIPLINE OF MEMBERS

1)      The following disciplinary procedure will apply to Members:

a)      If a member commits a serious breach of these rules, they can be ejected from the community and have their membership cancelled immediately.

b)      A non-member has no rights and may be deemed to be unlawfully on the property and asked to leave the community or property forthwith.

c)      For non-serious breaches, a member may be:

i)      formally warned in the first instance; and

ii)     provided a written warning in the second instance.

iii)   A third occurrence is deemed a serious breach and will be dealt with as described above.

27.         WINDING UP

1)      The Association may only be wound up upon the passing of a majority vote of class 5.1(a) Members.

2)      Upon the winding up of the Association, the assets of the Association may be used to pay any debts and other liabilities of the Association.

3)      If any assets of the Association are affected by a trust, then the Association must satisfy any debts, liabilities or obligations that apply to those trust assets.

 28.     EXTERNAL ACCESS TO ASSOCIATION RESOURCES DURING A NATURAL DISASTER OR EMERGENCY

The Association supports State and Territory Government (the "Government") efforts during times of Natural Disaster or States of Emergency. To that extent:

1)      The Association makes it resources available to the Government with the following conditions;

a)   The replacement cost of any used resource must be met by the Government in the state or territory of the Association location in which resources are consumed within 7 days of the resource use; and

b)   The Government will provide details of the resources used and quantities within 5-business days of the resource use.

c)   The Government agrees to make the Association and its Members whole as part of the resource consumption.

2)   Provisioned resources include;

a)    Water for Fire Fighting - The Community is off-grid and responsible for its own capture and storage of water. The cost for water that is charged by the local council is $19.80 per kilolitre for potable water and $9.60 for non-potable water. This cost must be met by the Government to replenish any used water.

b)   Any other resource consumed will be charged back to the Government at the same rate charged by any Government Agency, local council, state owned utility or other provider for that same resource in the same quantity at the maximum of the rate scale for that service provision by that provider to a normal residential consumer, no quantity discounts may be applied to the final cost;

c)   The Queensland Government will also be charged any associated costs in the provision of that service, which have been charged by the government to enable the Association to provide that service, as without these Government Fees, the resource provision would not be available.

3)   Any costs associated with a legal action to recover these costs will be met by the Queensland Government. 

4)   Any outstanding debts (debts older than 30-days) shall accrue interest at the then current Reserve Bank of Australia Lender's Interest Rate for New Loans plus 2% per annum compounded daily.

Adopted this day, the 10th Day of February 2024.

Signed by the Members:

 

Member Register - Restricted to Kirra Members only.