The Directors met via Zoom with Hones Lawyers last Friday for the initial consultation, as previously advised, and minutes of that meeting are below. Since then Hones have provided a written outline of their services and possible cost options, summarised in the update below:
Notice to the community of seeking Legal Advice re Goolawah’s DA consent conditions of access.
As of 1 May 2020 Goolawah is in breach of its DA in respect to condition 4a timeframes for completion of Nevertire Road stage 1 sealing upgrade. Therefore the directors feel obligated to understand our position should Kempsey Shire Council (KSC) take legal action against the Co-op.
A position paper (below) sets out opportunities for the Co-op to defend its position and also to amend the DA conditions of access imposed on us to seal Nevertire Road. The paper will be posted on the notice board at the Camp Kitchen.
The cost of advice in comparison to the cost of sealing Nevertire Road or even removing onerous conditions, such as maintaining Illa Langi road in perpetuity, is considered modest, but it is also considered diligent to be prepared for any legal action by KSC.
Hence the board has agreed to accept the cost of $750 from Hones Lawyers for their initial consultation. They had the lowest cost of three legal firms approached for costs of service.
If there is a need to proceed from the initial consultation we will put this to the community before any action is undertaken.
If you have any questions please speak with any of the directors or call or email goolawah.secretary@gmail.com who will direct the query to the board.
– Goolawah Co-op Board
DA conditions response – position paper
On 29 March, with a quorum of four directors present, the board decided to suspend overdue charges on member accounts. Subsequently it was realised that our rules require five votes for that decision to be valid, and further agreement was not reached. So the decision was set aside, and no change made to the application of overdue charges.
The Board apologises for the kerfuffle, and the misunderstanding it caused.
The Directors would like to reassure Goolawah members and their families that our community well-being is a priority. We will try to take precautions and follow guidelines outlined by government health departments.
The Australian Department of Health advises to maintain hand hygiene, avoid large gatherings (over 500 people) and self isolate if you have any symptoms (sore throat, cough, fever) – and use the Coronavirus helpline 1800 020 080, or call your doctor.
NSW Dept of Health says to call Healthdirect 1800 022 222 or your GP or go to Emergency.
Below are practical guidelines for personal health:
The community can find ways to help any sick members with supplies and support. As age is a significant factor in coronavirus susceptibility, we need to keep a closer eye on our senior members.
The board will be monitoring any official announcements that may affect our upcoming social gatherings.
https://www.health.gov.au/health-topics/novel-coronavirus-2019-ncov
https://www.health.nsw.gov.au/Infectious/diseases/Pages/coronavirus.aspx
The membership committee met recently to discuss possible changes to the membership policy, primarily addressing points put forth by various members.
It was determined that any changes may be far-reaching, therefore, in order to gather all opinions, interested members are invited to attend a membership policy meeting at 6 pm Monday March 9 at the Camp Kitchen.
To be included in the discussion:
We hope to see you there!
Thank you
Cindee, for the membership committee (Trinh, Nityama, Alicia, Cindee)
The Board recently reviewed the current situation of overdue payments, and decided to remind members of their financial obligations to the community.
Co-operative National Law and our Co-op rules (a sub-set of the Law) provide the governance framework which the Co-op must follow.
A fundamental legal requirement is that members must pay all monies (levies, etc.) to the Co-op by the due date to maintain their active membership.
If the member has been continuously inactive for the past 2 years, then the Board legally has to declare a membership cancelled. The Department of Fair Trading can fine directors if this is not followed.
In addition, inactive members are ineligible to vote at general meetings.
This is how the Co-op’s overdue payments system works:
1. You pay by the due date (which is the end of the billing period), after which overdue charges are applied.
2. If you go over 12 months overdue then debt collectors are called in.
3. If you have not been active (i.e. once) in two years then your share shall be cancelled.
The onus is on members to take responsibility for their own financial affairs.
So, any member likely to become inactive for a two year period has to take appropriate action to catch up with their arrears to ensure they are active at least once in that period.
Individual invoices will eventually show the last date when a member was active, to guide them, thanks to a refinement in the accounting system.
It’s actually a very simple mechanism, and basic Co-operative law.
Goolawah Co-op Members 