Community Association questions
At Prince Henry, all owners are part of a community scheme known as Community Association DP270427 (CA) constituted under s.25 of the Community Land Development Act 1989. The NSW government established our CA recognising the site’s cultural and heritage significance.
The CA operates in a similar way to an owners corporation or strata scheme for an apartment block. It oversees the management of broader ‘whole of project’ objectives and initiatives on behalf of its members.
The CA enters into agreements for services and responsibilities in accordance with its Prince Henry community management statement, including care and maintenance agreements with the Prince Henry Reserve Trust and Randwick City Council covering certain landscaping, access ways and roads and some street lighting. The Prince Henry plan of ownership provides an indication as to who owns and is responsible for which Lots at Prince Henry.
The CA's only asset (common property) is Lot 1. Located on Jenner Street, Lot 1 houses the Pivit communications equipment. The CA is responsible for managing this asset.
The CA, together with the relevant consent authority (if required), is responsible for upholding the Prince Henry design principles, which is a concise overview of the more detailed Prince Henry design guidelines established as part of the original master plan. Proposed alterations or additions to completed buildings or developments, for example colour changes, signage, transmitting or receiving devices, screens, pergolas and awnings, must be submitted to the CA for consideration before applying to the relevant consent authority for approval to proceed. The CA is also responsible for ensuring strata and neighbourhood associations maintain their lots to a reasonable standard.
The NSW Office of Fair Trading publication Living in a community scheme provides a general overview of how a community scheme works. The Prince Henry Community management statement is a key document containing by-laws, plans and other information that details the way in which our specific community scheme operates.
As illustrated in the following schematic, the CA comprises strata schemes, neighbourhood associations and individual lot owners*.
* Individual lot owners not included in a strata scheme or neighbourhood association.
Community association levies are in addition to council rates. They cover, in the main, the maintenance of those common areas that have been designated CA responsibility. That is, those areas not covered by funds contributed by the Trust. These levies are used for maintaining various parks, some roadside nature strips and some buildings that are not Council or Trust responsibility.
The CA’s annual budget covers mainly administration, landscaping, and insurance costs. The Trust contributes a large proportion of budgeted funds because most of the landscaping is required on Trust assets. CA lot owners pay levies, generally via strata schemes and neighbourhood associations, to meet the CA’s budget contribution.
BAC Insurance Brokers Pty Limited has been appointed to arrange insurance on behalf of the Prince Henry Community Association, and in April 2014, BAC provided the following note to clarify the CA's insurance requirements and responsibility:
'The Community Association has effected an insurance policy which complies with the Community Land Management Act 1989. This policy covers only the Community Association’s Property, Liability and ancillary exposures.
'No cover is provided for the individual members. All members forming part of the Community Association are responsible for effecting and maintaining their own insurance policy, covering their property and liability outside the Association.
'Each owner should undertake their own enquiries with their insurance adviser, to ensure their interests and assets are adequately protected.'
As you may know, the Prince Henry Community Association comprises several strata schemes, neighbourhood associations, and individual owners. The following information does not constitute advice, merely suggestions from the web team:
If your dwelling is part of a Strata Scheme, as well as speaking with your insurance adviser, you could also contact your Body Corporate or Managing Agent if you have any questions.
If your dwelling is part of a Neighbourhood Association, as well as speaking with your insurance adviser, you could also contact your NA Executive Committee or Managing Agent if you have any questions.
Individual lot owners
Individual lot owners are those that are not members of a neighbourhood association or strata scheme, and would generally be responsible for arranging their own insurances. You should speak with your insurance adviser regarding your insurance requirements.
For a full explanation of landscaping and verge maintenance responsibilities, go to the Report a problem page.
An elected nine member executive committee comprises a combination of nominated representatives from our various strata schemes, neighbourhood associations, and individual lot owners. All committee members are volunteers. The committee appoints a chairperson, secretary and treasurer − to view the responsibilities of the chairperson, secretary and treasurer, go to the Executive committee page.
It's important to note that, at executive committee meetings, EC members do not merely represent the interests of their own strata scheme, neighbourhood association or individual lot, decisions made are based on what is considered to be in the best interests of the CA as a whole.
Issues affecting the CA are deliberated upon by the committee, with a decision made by committee treated as a decision made by the CA.
Dynamic Property Services has been appointed managing agent to assist with administration and compliance with the Act.
Executive committee meetings are held at regular intervals – generally every two months. Go to the Executive committee page for dates and locations for this year's executive committee meetings.
All lot owners or their nominees are entitled to attend executive committee meetings but can address the meeting only if invited to do so by the committee. On occasion, individuals have been disappointed when attending meetings because they were not permitted to air their concerns. Some of these concerns were issues that should have been resolved at strata scheme or neighbourhood association level, or in the case of individual lot owners, direct with another party (Council, builder, developer, etc).
The Prince Henry communications protocol has been developed to help lot owners and residents understand the process. The Prince Henry communications diagram provides a simple illustration detailing the most effective way to get an item included in an EC meeting agenda. An brief overview of the process follows:
Contact your strata scheme manager, managing agent, or executive committee to consider putting the matter to the Community Association.
Contact your neighbourhood association manager, managing agent, or executive committee to consider putting the matter to the Community Association.
Email or write to Dynamic Property Services, the Community Association managing agent, outlining your concerns. Dynamic will either respond to you directly, or will raise your issue with the executive committee for consideration.
Make sure you stay informed on meeting dates for your strata scheme or neighbourhood association. To join the executive committee of your strata scheme or neighbourhood association, turn up to its AGM and nominate yourself. Individual lot owners can nominate themselves for a seat on the Community Association executive committee.
CA executive committee meetings are held at regular intervals – check this website for updates. Your strata scheme or neighbourhood association will always be informed in advance of scheduled meeting dates. Individual lot owners who’ve provided contact details will also receive CA information. All lot owners are entitled to attend CA executive committee meetings as observers, but may speak only if invited to do so by the EC.
It’s very important to note that to vote at a general meeting you must be ‘financial’. This means, whether a strata scheme, neighbourhood association or individual owner, CA levies and any accrued interest must be paid up to date.
It’s also important to note that to nominate for a seat on the CA executive committee, the correct process must be followed. And so, with the help of Dynamic Property Services, we’ve compiled the following Q & A to provide the information you’ll need.
If you have additional questions on the nomination process, please contact your strata or neighbourhood association managing agent. Individual owners not included in a strata scheme or neighbourhood association should contact the Community Association managing agent Dynamic Property Services.
If your property is part of a strata scheme or neighbourhood association, your owners corporation or neighbourhood association can appoint you as their candidate for election to the Community Association executive committee. If your property is not part of a strata scheme or neighbourhood association, you may nominate yourself.
As a representative of a strata scheme?
In accordance with section 29(1)(d) of the Community Land Management Act 1989 the owners corporation, at a general meeting, can by ordinary resolution appoint a representative as its candidate for election to the Community Association executive committee
As a representative of a neighbourhood association?
In accordance with section 29(1)(d) of the Community Land Management Act 1989 the neighbourhood association, at a general meeting, can by ordinary resolution appoint a representative as its candidate for election to the Community Association executive committee.
As an individual lot owner?
If your property is not part of a strata scheme or neighbourhood association you can nominate yourself for election to the Community Association executive committee at the CA’s Annual General Meeting.
However, if the lot is owned jointly you can be nominated only by:
- a member of the association who is not a joint proprietor of that lot, or
- a joint proprietor of the lot who is not a candidate for election.
The following limitations apply:
- a member may nominate themselves if they are not a joint proprietor of a lot and not a corporation
- a corporation may not be nominated
- a member may nominate one person only
- no more than one joint proprietor may be nominated.
If the lot is owned in a company name, that company must appoint a company nominee to represent it at a general meeting. Alternatively, the company can appoint a proxy. However, that proxy cannot nominate a person to stand for election to the executive committee unless they have written instructions and written consent from the nominee accepting the nomination.
The Act requires company nominees to be registered on the community roll (maintained by the CA managing agent, Dynamic Property Services). If a company nominee is not registered it cannot be accepted.
The Community Land Management Act 1989 restricts the number of members of the executive committee to a maximum of nine positions, with the meeting setting the number at each Annual General Meeting to a number between one and nine. If there are more nominations than positions, the meeting will be asked to vote on the appointments by ballot, electing the new executive committee. The Act does not allow a poll to be called to consider this motion.
It's important to note that to be entitled to vote at a general meeting, a strata scheme, neighbourhood association or individual lot owner must be 'financial'. This means that all levies and associated fees must be paid in full before the general meeting begins.
If your strata scheme or neighbourhood association is not, or you, as an individual lot owner, are not a member of the CA executive committee, the following process must be followed to enable each entity to exercise its vote entitlement at a general meeting.
A strata scheme may appoint a proxy to act on its behalf at general meetings. The appointment of the strata scheme’s proxy is made by the owners corporation at a general meeting or by its executive committee an executive committee meeting. A proxy form is completed and the strata scheme’s common seal must be affixed.
A valid proxy must be provided before the meeting and, if required, evidence of the above resolution.
A neighbourhood association may appoint a proxy to act on its behalf at general meetings. The appointment of the neighbourhood association’s proxy is made by the neighbourhood association at a general meeting or by its executive committee an executive committee meeting. A proxy form is completed and the neighbourhood association’s common seal must be affixed.
A valid proxy must be provided before the meeting and if necessary evidence of the above resolution.
Individual lot owners
An individual lot owner may attend meetings in their own right and may vote on all matters.
If the lot is owned in a company name, the company must appoint a company nominee to represent it at a general meeting. Alternatively, the company may appoint a proxy. However, the proxy may not nominate a person to stand for election to the executive committee unless they have written instructions and written consent from the nominee accepting the nomination.
The Act requires company nominees to be registered on the community roll (maintained by the CA’s managing agent Dynamic Property Services). if a company nominee is not registered it cannot be accepted.
After the Community Association AGM it is usual that an executive committee meeting is held to consider the appointment of the office bearers (Chair, Treasurer, Secretary). At this meeting members of the executive committee will be asked to nominate to fill these positions. If a vote is necessary (there being two or more nominations) the executive committee will vote on the appointment/s.
Any person entitled to vote at a general meeting can request a motion be included on the agenda by providing written notice to Dynamic Property Services. All owners, nominees of corporate owners, and owners of lots in a subsidiary scheme are encouraged to attend general meetings but may address the meeting only if the executive committee agrees.
The next AGM – an important date for your diary:
6pm on Tuesday 27 March 2017
The Frangipani Room
The Coast Centre
Curie Avenue, Little Bay