RULES 

 

FOR

 

SOUTHEAST HOUSING CO-OPERATIVE LTD.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

REGISTERED AS A

NON TRADING CO-OPERATIVE WITHOUT SHARES

UNDER THE CO‑OPERATIVES ACT 1996 (VICTORIA)

                                                                                                                   

 

 

October 22, 2001

1.         Definitions

            In these rules -

 

            "Act" means the Co‑operatives Act 1996;

 

            “Appendix” means Appendix to these rules;

 

            “board” means the board of the co-operative;

 

            “general meeting” means any annual or special general meeting;

 

            "member" means a member of the co‑operative;

 

            "month" means calendar month;

 

            "Registrar" means the person for the time being holding the office of               Registrar of Co‑operatives under the Act;

 

            “regulations” means the Co-operatives Regulations 1997.

 

            “probationary tenant” means a person who is offered a 12 month tenancy upon application who will be entitled to become a member after demonstrating their ability to be an active member pursuant to rule 5 of these rules.

 

2.         Co-operative principles (policies and procedures)

            The co-operative and its members must comply with the co-operative principles as outlined in the Policy and Procedures Manual to the extent that they apply to them.

 

3.         Alteration of the rules

            (1)       These rules may be altered by a special resolution in accordance with section 113 of the Act or by a resolution of the board in accordance with section 114 of the Act.

 

            (2)       A proposed alteration of these rules must be approved by the Registrar under section 112 of the Act before the resolution altering the rules is passed.

 

            (3)       An alteration of these rules does not take effect unless and until it is registered by the Registrar under section 115 of the Act.

 

            (4)       Any member is entitled to obtain from the co-operative a copy of these rules.

 

 

 

 

 

4.         Name

            (1)        The name of the co-operative is SouthEast Housing Co-operative Ltd.

                       

            (2)        The co-operative may change its name in accordance with section 255 of the Act.

            (3)        The co-operative may abbreviate its name in accordance with section 253 of the Act.

 

5.         Active membership provisions

(1)               The primary activity of the co-operative is to provide rental housing to

            its members and probationary tenants.

 

(2)               In order to establish active membership of the co-operative a  

member must attend 4 of the 6 bi-monthly meetings each year, except when granted leave of absence pursuant to the Board and in accordance with SouthEast Housing Co-operative policy and procedures; or where a member is disabled or elderly, active membership shall be established by the payment of an annual subscription of an amount determined by the board from time to time. 

 

            (3)        All members except those granted leave or those disabled or elderly members who opt to pay an annual subscription as outlined in rules 5(2),.will be required to attend a nominated Task Group Meeting of the co-operative on a regular basis as determined by the members in a meeting. from time to time

 

            (4)        All members must be active members of the co-operative.

 

            (5)        If a member fails or ceases to be an active member, the board must       accordance with Division 4 of Part 6 of the Act declare the membership         of the member cancelled following the process outlined in rule 12.

 

6.         Qualifications required for membership

            A person is not qualified to be admitted to membership unless there are reasonable grounds for believing that the person will be an active member of the co-operative.

 

7.         Membership

            (1)        An application for membership in the co-operative must -

                        (a)        be in a form approved by the board; (see Appendix 1) and

 

                        (b)        be lodged at the registered office of the co-operative.

 

(2                 Each application must be considered in accordance with eligibility                      criteria of the Department of Human Services.

 

(3)               The board at its sole discretion may accept or reject an application for membership and need not give any reason for its decision.

 

            (4)        If the board approves an application for membership -

                        (a)        the board must ensure that the name of the person is entered in the register of members, directors in accordance with sections 75 and 244 of the Act; and

 

                        (b)        the board must notify the applicant in writing of the entry in the   register; and

 

                        (c)        the applicant for membership becomes entitled to exercise the    rights of membership when the member’s name appears in the register of members.

 

(5)             Each adult tenant of the co-operative is eligible for membership, with a limit of one membership per property.

 

(6)             Two adult tenants of the co-operative may hold a joint membership and the Board shall ensure that  -

(a)             the register of members indicates whether a tenant is a joint

  member; and

 

(b)           the joint members are entitled to choose the order in which they appear in the register of members but failing such a choice the Board shall choose the order; and

 

(c)           the joint member who appears first in the register of members shall be deemed the primary member; and

 

(d)            should the joint members wish to change the order their names appear in the register, both members may apply to the Board in writing.

 

 

8.         Dealings of  members with co-operative

The co-operative may, in accordance with section 79 of the Act, require a member to have any specified dealings with the co-operative for a fixed period and to enter into a contract for that purpose.

 

9.         Ceasing membership

            (1)      A person ceases to be a member in each of the following circumstances -

                        (a)        if the member's membership is cancelled under Part 6 of the Act;

 

                        (b)        if the member is expelled in accordance with these rules;

 

                        (c)        on the death of the member;

                               

                        (d)        if the contract of membership is rescinded.

                                               

(e)           on notice in writing given by the member to the Secretary, of        the member’s resignation from membership; or

 

(f)             when the member vacates the premises.

 

            (2)        A person may remain a member of the co-operative if:

                        (a)        the member becomes bankrupt; or

 

(b)               the member’s property becomes subject to control under the law relating to bankruptcy.

 

10.       Expulsion of members

            (1)        A member may be expelled from the co-operative if the co-operative by special resolution determines that the member should be expelled on the ground that -

                        (a)        the member has failed to discharge the member's obligations to the co‑operative under the Act or these rules;

 

(b)               the member has acted in a manner which obstructs the achievement of the co-operative’s objectives;

 

                        (c)        the member has acted in a manner contrary to any of the co-                             operative principles and in so acting caused the co-operative                                    harm.

 

(d)        if the member is  evicted from premises leased by the co-  

operative under a provision of the Residential Tenancies 

Act; or vacates the premises leased by the co-operative.

 

            (2)        The member must be given at least 28 days written notice of the proposed resolution and of the date, time and place of the meeting at which the resolution will be moved.

 

            (3)        The procedure at the general meeting to consider the proposed resolution is as follows -

 

                        (a)        the member must be given a reasonable opportunity to be heard            at the meeting;

 

                        (b)        the member is entitled to call witnesses and to cross examine witnesses called against the member;

 

                        (c)        if the member fails, without reasonable excuse, to attend at the time and place of which notice has been given, the co-operative may consider the matter in the absence of the member;

 

                        (d)        after considering the matter, the co-operative may by special resolution determine to expel the member.

 

(4)               The expulsion of the member does not take effect until the special resolution is registered with the Registrar.

 

(5)               When a member is expelled, the co-operative must repay to the member any amount owing to that member, less any amount owing by the member to the co-operative, and cancel the member’s membership.

 

(6)               Upon expulsion of a member in accordance with rules 10(1) and 10(2), the expelled member is no longer entitled to be housed by the co-operative and shall be issued with a Notice to Vacate.

 

                                   

11        Forfeiture and cancellations - Inactive members

(1)   In accordance with section 131 of the Act, the board, after giving any notice required under  section 136 of the Act, must declare the membership of a member cancelled if -

(a)    the whereabouts of the member are not presently known to the co-operative and have not been known to the co-operative for a period of at least 6 months before that time; or

 

(b)   the member is not presently an active member of the co-operative and has not been an active member of the co-operative at any time during the period of  6 months immediately before that time.

 

(2)   Sub-rule (1) applies to a member only if he or she was a member of the co-

operative throughout the period referred to in paragraph (a) or (b), as the case

requires. “

 

12                Disputes

 

            (1)        The grievance procedure set out in this rule applies to disputes under     these rules between -

 

                        (a)        a member and another member; or

 

                        (b)        a member and the co-operative.

 

            (2)        The parties to the dispute must meet and discuss the matter in dispute, and, if possible, resolve the dispute within 14 days after the dispute comes to the attention of all of the parties.

 

            (3)        If the parties are unable to resolve the dispute at the meeting under sub-rule (2) or if a party fails to attend that meeting, then the parties must, within 10 days, hold a meeting in the presence of a referee.

 

            (4)        The mediator must be -

 

                        (a)        a person chosen by agreement between the parties; or

 

                        (b)        in the absence of agreement - 

 

                                    (i)         in the case of a dispute between a member and another member, by the board of the co-operative; or

 

                                    (ii)        in the case of a dispute between a member and the co-operative, a person who is a member of the Dispute Settlement Centre of Victoria (Department of Justice).

 

            (5)        A member of the co-operative can be a mediator.

 

            (6)        The mediator cannot be a member who is a party to the dispute.

 

 

            *  This Rule provides for the mediation of a dispute. Note that section 89 of the Act provides another procedure whereby application may be made to the Supreme Court for an order declaring and enforcing rights or obligations of members between themselves, or of the co-operative and a member between themselves. The Court may refuse to make an order, or may make an order for costs, if the Court is of the opinion that the application is unreasonable or the issue trivial.

 

13.       Liability of members

            On the death of a member, the member’s estate remains liable as the member until such obligations are cleared.

 

14.       Annual general meetings

            (1)        In accordance with section 204 of the Act, the first annual general meeting of the co-operative must be held at any time within 18 months after the incorporation of the co-operative.

           

            (2)        The second or any subsequent annual general meeting of the co-operative must be held within -

                        (a)        5 months after the close of the financial year of the                                 co-operative; or

                       

                        (b)        any further time that may be allowed by the Registrar or is         prescribed.

 

            (3)        The board may determine the date, time and place of the annual general meeting.

 

            (4)        All general meetings of the co-operative other than the annual general meeting shall be special general meetings.

 

            (5)        If the board does not hold an annual general meeting within the required time, the members may requisition the meeting in accordance with section 209 of the Act.

 

15.       Special general meetings

            (1)        A special general meeting of the co-operative may be convened at any time by the board of directors.

 

(2)              In accordance with section 209 of the Act, the board must convene a general meeting of the co-operative on the written requisition of the number of active members of the co-operative who together are able to cast at least 20% of the total number of votes able to be cast at a general meeting of the co-operative.

 

16.       Notice of general meetings

            (1)        The board must give each member at least 14 days notice of each general meeting.

 

            (2)        The notice may be given in accordance with section 460 of the Act.

 

            (3)        The notice must specify the place, the day and the time of the meeting and if special business is to be transacted, set out generally the nature of the special business.

           

            (4)        If a special resolution is to be proposed at the meeting at least 21 days notice of that special resolution must be given to the members of the co-operative in accordance with section 192 of the Act.

           

            (5)        A member of the co-operative who wishes to propose a resolution at a general meeting must give the co-operative written notice of the resolution.

 

            (6)        If notice of an ordinary resolution is given under sub-rule (5) at least 14 days before the board gives notice of the meeting, the board must include details of that resolution in the notice of the meeting.

 

17.       Business at general meetings

(1)               The ordinary business of the annual general meeting shall be –

 

                        (a)        to confirm minutes of the last preceding general meeting (whether annual or special);

 

                        (b)        to receive from the board, auditors, or any officers of the co‑operative reports upon the transactions of the co‑operative during the financial year, including balance sheet, trading account, profit and loss account, statement of cash flows and the state of affairs at the end of that year;

 

                        (c)        to elect and determine the remuneration (if any) of directors.

 

            (2)        The annual general meeting may also transact special business of which notice has been given to members in accordance with these rules.

 

            (3)        All business of a general meeting, other than ordinary business, is special business.

 

18.       Quorum at general meetings

            (1)        An item of business must not be transacted at a meeting of a co-operative unless a quorum of members entitled to vote is present during the transaction of that item.

 

            (2)        Subject to sub-rule (3) the quorum of the co-operative is fifteen (15) members entitled to vote at a meeting of the co-operative.

 

            (3)        If within an hour after the appointed time for the meeting a quorum is not present, the meeting -

                        (a)        if convened upon the requisition of members, is abandoned;       and

 

                        (b)        in any other case is to be adjourned to the same day and time in                                     the next week at the same place.

 

(7)               If at an adjourned meeting, under sub-rule (3)(b), a quorum is not 

                        present within half an hour after the time appointed for the meeting the

                        members present shall be a quorum.

 

19.       Presiding at general meetings

            (1)        Subject to this rule, the chairperson of the board presides at every general meeting of the co-operative.

 

            (2)        If the chairperson of the board is unable or unwilling to preside or is not present within 15 minutes after the time appointed for the meeting, the members present must select one of their number to preside.

 

            (3)        The person selected under sub-rule (2) presides at that meeting until the time that the chairperson attends and is willing to act.

 

 

 

20.       Adjournment of meetings

            (1)        The person presiding may, with the consent of a majority of members present at the meeting, adjourn the meeting from time to time and from place to place.

 

            (2)        The person presiding must, if directed by a majority of members present at the meeting, adjourn the meeting to a date and time agreed.

 

            (3)        No business may be transacted at an adjourned meeting other than business unfinished at the meeting which was adjourned.

 

            (4)        This rule only applies if there is a quorum at the meeting to be adjourned.

 

 

21.       Standing orders at meetings

            (1)        Subject to sub-rule (3), the following standing orders must be observed                         at general board meetings of the co-operative-

                        (a)        The mover of a proposition must not speak for more than 10 minutes. Subsequent speakers are allowed 5 minutes, and the mover of the proposition 5 minutes to reply.  The meeting may however by simple majority extend in a particular instance the time permitted by this rule.

 

                        (b)        If an amendment to an original proposition is proposed, no second amendment may be considered until the first amendment is disposed of.

 

                        (c)        If an amendment is carried, the proposition as so amended        displaces the original proposition and may itself be amended.

                       

                        (d)        If an amendment is defeated, then a further amendment may be moved to the original proposition. However, only one       amendment may be submitted to the meeting for discussion at    one time.

 

                        (e)        The mover of every original proposition, but not of an amendment, has the right to reply. Immediately after this the question must be put from the chair. No other member may speak more than once on the same question, unless permission is given for an explanation, or the attention of the chairperson is called to a point of order.

 

                        (f)         Propositions and amendments must be submitted in writing, if     requested by the chairperson.

 

                        (g)        Any discussion may be closed by a resolution "that the question be now put" being moved seconded, and carried. That resolution must be put to the meeting without debate.

           

            (2)        Any member, or visitor invited to attend the meeting by the board, may speak on any issue at a meeting with the permission of the chairperson subject to any conditions imposed by the chairperson.

 

            (3)        The standing orders may be suspended for any period by ordinary resolution.

 

22.       Attendance and voting at general meetings

            (1)        The right to vote attaches to membership. In the case of joint members, the right to vote attaches to the primary member only.

 

            (2)        A member of the co-operative is not entitled to vote at a meeting of the co-operative unless that person is an active member of the co-operative.

           

            (3)        Subject to the Act and this rule, every member of the co-operative has only one vote at a meeting of the co-operative.

 

            (4)       Subject to the Act and these rules, a question for decision at a general meeting, other than a special resolution, must be determined by a majority of members present and voting at the meeting.

 

            (5)       In the case of an equality of votes at a meeting of the co-operative, whether on a show of hands or on a poll, the chairperson of the meeting at which the show of hands takes place or at which the poll is demanded may exercise a second or casting vote.

 

23.       Postal ballot

            (1)        The manner of voting shall be in accordance with the regulations.

 

            (2)        A special postal ballot or a postal ballot must be held -

(a)                when required by the Act; or

 

                        (b)        in accordance with section 202 of the Act, on the written           requisition of the number of active members of the co-operative     who together are able to cast at least 20% of the total number   of votes able to be cast at a meeting of the co-operative; or

 

                        (c)        if approved by the members by ordinary resolution; or

 

                        (d)        as determined by the board.

 

 

24.       Special and ordinary resolutions

            (1)        A special resolution is a resolution which is passed in accordance with sections 192 and 193 of the Act -

                        (a)        by a two-thirds majority at a general meeting of members; or

 

                        (b)        by a two-thirds majority in a postal ballot (other than a special   postal ballot) of members; or

 

                        (c)        by a three-quarters majority in a special postal ballot of             members.

 

            (2)        An ordinary resolution is a resolution passed by a simple majority at a general meeting or in a postal ballot by members.

 

(3)              A special resolution has effect from the date that it is passed unless it is required to be registered under section 196(2) of the Act.

 

25.       Board of directors

           

            (1)        There shall be a board of nine (9) directors, including at least one (1) independent director.

 

            (2)        A director must be -

                        (a)        a natural person; and

 

                        (b)        not less than 18 years of age.

 

            (3)        The Board shall under its auspice a number of Area Committtees which     

correspond with the number of former Rental Housing Co-operatives involved in the merged co-operative.

 

            (4)     Each Area Committee will be two entitled to two positions on the Board  

                     of  Directors.

 

(8)               Each position on the Board will be tagged as follows:

Frankston Area Committee  (2 positions)

Oakleigh Area (2 positions)

Ringwood/Croydon Area (2 positions)

Independent (1 position)

Vacant (2 postions)

 

26.       Qualifications of directors

            (1)        A person is not qualified to be a director unless he or she is -

                        (a)        a member of the co-operative (“member director”);  or

 

(b)               a person qualifies as an independent director due to previous

            experience in a position which required skills similar to those

            used to perform the co-operative’s primary activity.

 

            (2)        In accordance with section 213 of the Act, a person may only be elected or appointed as an independent director if there are at least 3 member directors appointed for each independent director.

 

            (3)        A person must not act as a director if the person is disqualified under section 214 of the Act.

 

            (4)        The first directors shall be elected at the meeting for the formation of      the co‑operative.

 

27.       Retirement of directors

            (1)        At the first annual general meeting of the co-operative three (3) of the directors shall retire and at the annual general meeting in each subsequent year the directors shall retire in rotation of three (3), three (3) and three (3).

 

            (2)        A retiring director retains office until the close of the meeting at which his or her successor is elected.

 

            (3)        The directors to retire in any one year are, subject to the provisions as to the filling of casual vacancies, those that have been longest in office since their last election and if there are 2 or more directors who became directors on the same day, those who retire must be determined by lot unless they otherwise agree among themselves.

 

            (4)        A retiring director is eligible for re‑election.

 

 

28.       Election of member directors

            The election of directors shall be conducted as nearly as practicable in the following manner:

 

            (1)        Not less than six weeks before the holding of the annual general meeting, there shall be delivered to every member personally or by post, a letter inviting nominations of candidates for election as directors in which shall be set out the full list of serving directors and indicating those who retire in accordance with rule 26.

 

            (2)        Such nominations other than in the case of retiring directors shall be signed by two or more members and be accompanied by a notice in writing under the candidate’s hand signifying his or her candidature for office, and shall be lodged at the registered office on or before the date and time fixed by such notification.

 

            (3)        Retiring directors shall be deemed to have been nominated unless they notify the co-operative to the contrary.

           

            (4)        In the event of the number of nominations received exceeding the number of directors retiring, a printed ballot paper containing the names of all the candidates in alphabetical order and initialled and numbered by the returning officer, together with the details outlined in sub-rule (11), shall be delivered or posted to every member entitled to vote at least twenty-one days before such annual general meeting.

 

            (5)        Such ballot-papers shall be returned to the registered office on or before the date and time stated on such ballot paper not being less than seventy two hours before the annual general meeting.

 

            (6)        Each candidate may appoint one observer to attend the checking of                   the envelopes and counting of votes.

 

            (7)        The returning officer shall be appointed by the board before each annual general meeting and in default of such appointment in sufficient time to allow the above procedure to be followed, the officer of the co-operative acting in the capacity of secretary shall be the returning officer.

 

            (8)        The board may cause to be issued ballot-papers in such manner that they may on return be checked with the register of members without the contents of the ballot papers being disclosed at the time of such checking, and so that after such checking the votes may be counted without the identity of the voter being disclosed.

 

            (9)        The returning officer in the presence of such observers, if any, as may be appointed shall count the votes and notify the result to the chairperson of the annual general meeting.

 

            (10)      The decision of the returning officer as to the formality of any ballot paper shall be final.

 

(11)      In addition to the requirements of sub-rule (2), candidates shall supply the following details with the notice of their nomination and, in the event of a ballot, such details shall be forwarded to members with the ballot paper -

 

                        (a)        age; and

 

                        (b)        qualifications and experience; and

                       

                        (c)        length of any previous service as a director of the co-operative                          or with any other co-operative.

 

29.              Election of independent directors

 

                        Independent directors shall be appointed by the Board.

 

30.       Manner of election

 

(1)               The 3 nominated persons receiving the highest number of votes shall become directors at the close of the next annual general meeting.

 

(2)               In the case of a tied vote, the successful nomination shall be decided at the discretion of the Board.

 

(3)               If at any annual general meeting, the place of any retiring directors is not filled, the board shall treat any place not filled as a casual vacancy and shall be filled in accordance with rule 30.

 

31.       Casual vacancy

            (1)       If there is a casual vacancy in the office of director under section 219 of the Act, the board may appoint a person to fill that vacancy but the person appointed must retire at the next annual general meeting.

 

32.       Removal from and vacation of office of director

The board may by special resolution remove any director from office before the end of the director’s period of office.

 

33.       Deputy directors

            (1)        In the absence of a member director from a meeting of the board, the board may appoint a person to act as a deputy for that director.

 

            (2)        A person appointed under sub-rule (1) must be a member.

 

            (3)        A person appointed as deputy may act in the place of the director for whom he or she is deputy.

 

            (4)        The other members of the board may by majority vote remove a deputy director from office.

 

            (5)        A deputy director vacates office -

 

                        (a)        if the deputy director is removed from office under this rule; or

 

                        (b)        if the director for whom he or she is deputy ceases to hold         office; or

 

                        (c)        if the deputy director dies; or

 

                        (d)        if the deputy director resigns.

 

(9)               A deputy director while acting as a director is entitled to the same remuneration as that to which the director for whom he or she is deputy would have been entitled.

 

34.       Remuneration

             In accordance with section 229 of the Act a director of a co-operative must not be paid any remuneration for services as a director other than fees, concessions and other benefits that are approved at a general meeting of the co-operative.

             

 

 

35.       Delegation by board

(1)      In accordance with section 218 of the Act, the board may, by resolution, delegate the exercise of such of the board’s functions (other than this power of delegation) as are specified in the resolution.

 

(2)       The board will delegate certain functions to Area Committees operating in geographical zones of the co-operative.

           

36.       Proceedings of the board

            (1)        Meetings of the board are to be held as often as may be necessary for properly conducting the business of the co‑operative and must in any case be held at least ten times per year and at least every two months. 

 

            (2)        Questions arising at any meeting shall be decided by a majority of votes.

 

            (3)        In the case of an equality of votes, the chairperson has a second or casting vote.

           

            (4)        A director may call a meeting of the board of directors by giving notice individually to every other director.

 

            (5)        Except in special circumstances determined by the chairperson, at least 7 days notice shall be given to the directors of all meetings of the board.

 

37.       Quorum for board meetings

            The quorum for a meeting of the board is five (5).

 

38.       Chairperson of board

            (1)        The first chairperson of the board shall be elected at the first board meeting after registration of the co-operative.

 

            (2)        Except for sub-rule (1), the chairperson of the board shall be elected at the first board meeting after each annual general meeting.

            (3)        If the chairperson of the board is unable or unwilling to preside or is not present within 15 minutes after the time appointed for meetings of the board, the members present must select one of their number to preside.

 

            (4)        The person selected under sub-rule (3) presides at the board meeting until the time that the chairperson attends and is willing to act.

 

            (5)        The board may by ordinary resolution remove the chairperson from office.

 

39.       Secretary of Board

(1)               The first secretary of the board shall be elected at the first board meeting after registration of the co-operative.

 

            (2)        Except for sub-rule (1), the secretary of the board shall be elected at the first board meeting after each annual general meeting.

(3)        If the secretary of the board is unable or unwilling to record minutes of   the meeting or is not present within 15 minutes after the time appointed       for meetings of the board, the members present must select one of their             number or an (non-voting) officer to record the meeting.

 

(4)        The person selected under sub-rule (3) presides at the board meeting until the time that the secretary attends and is willing to act.

 

            (5)        The board may by ordinary resolution remove the secretary from office.

 

40.  Financial year

            The financial year of the co-operative ends on the 30 June.

 

41.       Seal

            (1)        In accordance with section 254 of the Act, the co-operative must ensure that the name of the co-operative appears in legible characters on its common seal and official seals.

 

            (2)        The common seal must be kept at the registered office of the co-operative in such custody as the board directs.

 

            (3)        The co-operative must have, for use in place of its common seal outside the State where its common seal is kept, one or more official seals, each of which must be a facsimile of the common seal of the co-operative with the addition on its face of the name of every place where it is to be used.

 

            (4)       The seal of the co‑operative must not be affixed to any instrument except in accordance with a resolution of the board.

 

            (5)       Two directors must be present when the common or official seal is affixed to an instrument by another person and must sign the instrument so sealed.

 

(10)           In accordance with section 49(2) of the Act, the persons affixing the official seal must certify in writing on the instrument to which it is affixed, the date and place at which it is affixed.

 

 

42.       Custody and inspection of records

            A person is entitled to make a copy of entries in a register specified in section 246(1) of the Act -

            (a)        if the copy is a photocopy or electronic copy, on payment of a fee of $1 per page to a maximum of $20; and in any other case, free of charge.

 

 

43.       Banking

            (1)        The board must ensure that -

                        (a)        a banking account or accounts are kept in the name of the                     co-operative; and

 

                        (b)        all money received by the co-operative is paid into that account             or those accounts as soon as possible after it is received.

 

            (2)        All cheques drawn on such accounts and all drafts, bills of exchange, promissory notes, and other negotiable instruments for and on behalf of the co-operative must be signed by any two directors.

 

            (3)        The board may approve payment of salaries and creditors accounts by direct bank transfer provided that a list of such payments is approved by any two directors or one director and a person authorised by the board from time to time prior to transmission, and lists of all such payments shall be submitted to the subsequent board meeting for ratification.

 

44.       Safekeeping of securities

            The co-operative must keep the securities of the co-operative safely in the         manner and with the provision for their safety that the board directs.

 

45.       Audit

            (1)        The accounts of the co-operative must be audited in accordance with section 238 of the Act and the regulations made under that section.

 

            (2)        Auditors must be appointed in accordance with the regulations under section 238 of the Act to audit the accounts of the co-operative.

 

            (3)        Audits must be carried out annually.

 

46.       Co‑operative funds

            (1)        The funds and property of the co-operative must be applied solely                                 towards the carrying out and promotion of its objects and no part may                       be paid or transferred directly or indirectly by way of discount, rebate                        or otherwise by way of profit to members of the co-operative.

 

(2)               There must be no return or distribution on surplus to members.

 

47.       Provision for loss

            Subject to section 271 of the Act, the board may resolve to retain part of the surplus arising from the business of the co-operative in any year to be applied to meet any loss on the transactions of the co-operative.

 

48.       Indemnity

            In acordance with, but subject to sub-section 227(2) of the Act, the co-            operative indemnifies and shall keep indemnified every officer against any liability incurred by the officer:

 

(a)                in defending proceedings (whether civil or criminal) in which judgement is given in favour of the officer or in which the officer is acquitted; or

 

             (b)       in connection with an application in relation to such proceedings in                     which relief is granted to the officer under section 227 of the Act.

 

49.       Winding up

(1)        The winding up of the co-operative must be in accordance with Part 12 of the Act.

 

            (2)        If, on the winding up or dissolution of the co-operative, any property remains after the satisfaction of all its debts and liabilities and the costs, expenses and charges of the winding up, that property -

 

                        (a)        must not be paid to or distributed among the members; and

 

                        (b)        must be given or transferred to an institution -

 

                                    (i)         which has objects similar to those of the co-operative and which is approved by the Commissioner of Taxation as a public benevolent institution for the purposes  of any Commonwealth Taxation Act.; and

 

                                    (ii)        whose constitution prohibits the distribution of property                         among its members; and

 

                                    (iii)       which has been chosen by the members of the co-                                 operative at or before the time of dissolution.

 

 

 


 

            Appendix 1

 

SOUTHEAST HOUSING CO-OPERATIVE LTD.

MEMBERSHIP APPLICATION

 

 

…………………………………………………………………………………………………………… (full name of applicant)

 

 

 

of   …………………………………………………………………………………………………….

         (address of applicant)

 

desire to be admitted as a member in the above mentioned co-operative.  I am over the age of 18 years and in the event of my admissions as a member, I agree to be bound by the rules of the co-operative for the time being in force.

 

 

 

                                                                                …………………………………………………………

                                                                                Signature of applicant

 

 

                                                                                Date ……………………………………………………

 

 

                                                                                …………………………………………………………

Witness          

 

 

 

 

CO-OPERATIVE USE ONLY

 

 

Membership Number  …………………………

 

 

Date of Approval     ……………………………

 

 

Receipt Number   ……………………………..

                               

 


Appendix 2

 

 

 

AIMS AND OBJECTIVES

 

 

 

·        To provide affordable housing of a good standard to low income households in the southern and eastern metropolitan region of Melbourne , for the relief of housing related poverty.

 

·        To effectively and efficiently deliver a housing service to low income households in the southern and eastern metropolitan region of Melbourne which is accessible to all income eligible sectors of the community, without discrimination.

 

·        To operate a community housing organisation based on the principles of co-operation, social justice  and member participation.

 

·        To be effective and fair property managers and a financially accountable organisation.

 

·        To provide opportunities for tenants to have involvement in their housing.