Our Constitution

Colonel Light Gardens Residents Association (Inc.) | Revised: May 2010

Preamble:

The Colonel Light Gardens Residents Association (CLGRA) was founded in 1974 before the administration of Colonel Light Gardens (CLG) was transferred from The Garden Suburb Commissioner to the Mitcham City Council.

Through the efforts of the CLGRA that transfer was accompanied by the gazettal of Rl Zoning Regulations for CLG. R1 zoning effectively reflected the intent of the Garden Suburb Act to maintain the low-density residential amenity of the suburb.

In 1989 the Rl Zoning Regulations were replaced with “Garden Suburb Zone” Regulations. The CLGRA considered these regulations to be inadequate and subsequently initiated a Conservation Study which successfully saw the Suburb listed on the Register of The National Estate in October 1999 and the State Heritage List in May 2000.

To further recognise our planning history and to preserve those unique planning elements that contribute to our residential amenity, a joint submission by this Association, the CLG Historical Society and The City of Mitcham to nominate the suburb on the National Heritage List was submitted in February 2009.

Aims:

The aims and objectives of the Colonel Light Gardens Residents Association, hereunder called the “the Association”, are to:

  • be concerned with the physical development and environment of Colonel Light Gardens
  • protect the residential amenity within the suburb of Colonel Light Gardens
  • discuss, and at its discretion, represent views and interests of residents.

 

Constitution of the CLGRA (Inc)

Rules of the Association:

1. Name

The name of the Association shall be the Colonel Light Gardens Residents Association.

 

2. Political and Religious Factors

The Association shall be non-party political and non-sectarian.

 

3. Membership

a. Membership of the Association shall be open to any person and to any institution. Persons and institutions may be admitted to membership upon the payment of the stipulated annual subscription and subject to compliance with the aims and Rules of the Association.

b. The Committee shall refer any recommendation to reject or terminate membership to the next general meeting following such recommendation. Where a two thirds majority of those eligible to vote at the meeting are in favour of the recommendation the membership shall be rejected or terminated, as the case may be

c. A member my resign at any time by written notification to the Secretary.

d. Subscriptions

i. the annual subscription shall be determined at a general meeting

ii. the annual subscription shall be due and payable at the annual general meeting

iii. membership shall lapse where the member is unfinancial for a period in excess of twelve months.

 

4. Officers

a. The designated officers of the Association shall be: President, Vice President, Secretary, Minute Secretary and Treasurer. These officers shall constitute the Executive Committee of the Association.

b. The officers shall be elected at the annual general meeting of the Association and they shall hold office until the next annual general meeting of the Association, or until successors have been appointed in the event of a vacancy.

c. The committee shall appoint a Public Officer as required by the Associations Incorporation Act 1985 (the Act).

 

5. The Committee

a. There shall be a Committee of the Association which shall consist of the Executive Committee and up to six other members. The Committee shall be elected at the annual general meeting of the Association and shall hold office until the next annual general meeting or until successors have been appointed in the event of a vacancy.

b. Any Committee members may be removed from office by a specially summoned general meeting of the Association called for that purpose on twenty-one days notice. The meeting which removes an officer shall elect a successor.

c. A quorum of five is required for proceedings of the Committee.

 

6. Eligibility of members for election to the Committee

a. Only persons resident in CLG will be eligible for election to the Committee of the Association.

b. The following classes of persons shall be ineligible for election to the Executive of the Committee of the Association.

i. a person who is a member of Mitcham Council, member of Parliament (State or Federal) and their partner

ii. the nominated representative of any member institution.

 

7. Powers

a. The powers of the Association are to:

i. acquire, hold, deal with and dispose of, any real or personal property

ii. open and operate approved deposit investment accounts

iii. appoint agents to transact any business of the Association on its behalf

iv. enter into any other contract it considers necessary or desirable

The powers of the Association are vested in the Committee which shall have control and management of the affairs of the Association, subject to any direction by the Association in the general meetings.

b. The Committee shall have power to:

i. call meetings of the Association and of the Committee

ii. fill any casual vacancy occurring on the Committee, except where clause 5 (b) applies

iii. make by-laws providing that they are consistent with the Rules

iv. appoint a committee member, or a sub-committee, or seconded persons to protect the interests of residents, consistent with the aims of the Association.

v. delegate general matters to sub-committees which may include members not on the Committees

vi. raise and expend money and take action consistent with the aims of the Association

vii. publish a newsletter and other printed matter.

c. The Committee shall not be empowered to borrow money.

 

8. Meetings of the Association

a. An annual general meeting shall be held within thirty days of the 1st March each year.

b. A general meeting may be called at any time by the Committee.

c .A special general meeting shall be held upon the written request of at least one third of the total financial members of the Association. The matters for discussion shall be indicated in the written request.

d. At least seven days notice of any general meeting shall be given by public notice. Such public notice shall include an advertisement in the local press.

e. The quorum at any general meeting shall be the lesser of: thirty members or one fifth of the total financial membership.

f. At each annual general meeting the retiring Committee shall present a report of the year’s activities and an audited financial statement.

g. The President, in consultation with the Secretary, shall call a committee meeting when they deem necessary.

 

9 .Voting rights

Voting rights at general meetings of the Association shall be limited to any person in attendance who is:

a. a  financial adult member resident in CLG, or

b. the nominated delegate of a financial member institution located in CLG.

The delegate nomination must be in writing, and received by the Secretary at least seven days prior to the general meeting.

 

10. Minutes

a. Proper minutes of all proceedings of general meetings of the Association, and meetings of the Committee, shall be entered within one month after the relevant meeting in a minute book kept for the purpose.

b. The minutes kept pursuant to this rule shall be signed by the Chairperson of the meeting at which the proceedings took place or by the Chairperson of the next succeeding meeting.

 

11. Accounts of the Association

a. The Treasurer shall keep such accounting records as are necessary to correctly record and explain the financial transactions and financial position of the Association.

b. An auditor shall be appointed annually at the annual general meeting.

c. The Association shall have a bank account, of which the authorised signatories shall be any two of the Treasurer, President and Secretary.

d. The financial year of the Association shall end on the 31st day of December of each year.

 

12. Amendment of the Constitution

The Constitution may be amended, or rescinded and replaced by a substitute Constitution, after a motion of which twenty-one days notice has been given, and where such motion is carried by a two-thirds majority of members present and voting at any general meeting. Such an amendment shall be registered with the Corporate Affairs Commission as required by the Act.

 

13. Dissolution of the Association

a. The Association may be dissolved by motion, of which twenty-one days notice has been given and where such motion is carried by a two-thirds majority of the members present and voting at any general meeting.

b. Should the Association be dissolved, any funds of the Association shall be distributed in accordance with a motion, of which twenty-one days notice has been given and where such motion is carried by a two-thirds majority of members present and voting at any general meeting. Such distribution shall be to any organisation which has similar objects and rules prohibiting the distribution of income and assets to its members.