COMMUNITY TITLES ACT 1996 COMMUNITY CORPORATION NO INCORPORATED BY-LAWS INDEX

Transcription

1 COMMUNITY TITLES ACT 1996 COMMUNITY CORPORATION NO INCORPORATED INDEX 1. Definitions 2. Interpretation of by-laws 3. Objectives 4. Common property and infrastructure 5. Governance 6. Water meter testing 7. Building on a community lot 8. Use of lots 9. Maintenance of Lots & Buildings 10. Rubbish and hazardous material 11. Traffic, speed limit, parking, etc. 12. Insurance 13. Pets 14. Peaceful enjoyment 15. Signs and advertisements 16. Notification of change of address for service of notices 17. Tenants to be informed about by-laws 18. Offence 19. Imposition and enforcement of penalties, etc. 20. Common Seal 21. Agreement for wastewater disposal and treatment Annexure A. Annexure B. Annexure C. Annexure D. Annexure E. Annexure F. Form 11 - Penalty Notice Scheme Plan maximum building heights on front blocks Waste water treatment connections plan Management Committee Nomination Form and Candidate Profile Management Committee Code of Conduct Management Committee Terms of Reference Page 1 of 19

2 COMMUNITY TITLES ACT 1996 COMMUNITY CORPORATION NO INCORPORATED 1. Definitions a. "the Corporation" means Community Corporation b. "Council" means District Council of the Copper Coast c. "owner" means the owner of a community lot d. "visitor" means a visitor to the community parcel e. Any other words which are defined in the Act have the meaning they have in the Act. 2. Interpretation of these by-laws. In the interpretation of these by-laws, unless the context of subject matter otherwise requires: a. singular includes plural and vice versa and any gender includes every gender; b. a reference to a person includes a corporation, trusts, associations, partnerships, a government authority, and other legal entities, and where necessary, includes successor bodies; c. headings and the table of contents are used for convenience only and are to be disregarded in the interpretation of these by-laws; d. reference to a party includes that party s executors, administrators, substitutes, successors and permitted assigns; e. where these by-laws provide that something will not be done, an owner is not to attempt to do that thing or permit that thing to be done; f. where the management committee is to consent to some act or thing, the management committee may give or withhold its consent at its discretion, or may give the consent subject to conditions; and g. where these by-laws provide that an owner must obtain approval or the consent of the Corporation, or that the Corporation may direct, that approval or consent or direction may be given by the management committee. 3. Objectives a. These by-laws aim to promote owners' quiet enjoyment of common property (administration, management, and control of which is the Corporation s responsibility) and lots. They apply to owners, occupiers and visitors. 4. Common Property and infrastructure a. Common property is always available for owners, occupiers and visitors use. Owners, occupiers and visitors should not hinder others use of the common property (for example, do not repair a vehicle on it, except in an emergency). b. Owners, occupiers and visitors should comply with management committee directions about use of infrastructure and not interfere with it. Page 2 of 19

3 c. Owners, occupiers and visitors should not go onto common property set aside for dispersing treated effluent. d. Owners should inform a member of the management committee if they see damaged or defective common property or infrastructure. e. No-one may live permanently or short-term on the common property or a development lot except, on a development lot, in an approved dwelling. 5. Governance a. A management committee of owners shall be elected at a general meeting of owners. i. The management committee must contain no less than 3 persons and no more than 7 persons. ii. Management committee member terms of office shall be for 2 serving years with half the current positions being vacated and replaced each year if there is an even number of existing members and half minus.5 if there is an odd number of existing members. (i.e. A management committee of 5 shall replace 2 members or a management committee of 7 shall replace 3 members.) The order of vacating of positions shall be that the least recently elected members will vacate their positions before more recently elected members. Vacating members may renominate and be re-elected for a further period of 2 serving years with no limit on the number of times a person may be re-elected excepting that a person may not serve more than 6 consecutive years without a break of one serving year. iii. Persons nominating for a management committee membership must submit to the secretary 21 days before the general meeting the prescribed nomination forms (refer Annexure D) which must be completed in full and signed by the nominee and their nominators. Nominees must agree to abide by the election processes and conditions as determined by the management committee in accordance with the Community Titles Act 1996 and as amended. iv. All persons nominating for and serving on the Management Committee must agree to abide by Community Corporation s Code of Conduct (refer Annexure E) and act within the Management Committee s Terms of Reference (refer Annexure F) v. At least every two years all management committee members must participate in a governance training program delivered by an accredited provider. The training cost is to be met by the Corporation. vi. The management committee will report quarterly to all owners. The reports must include: 1. Financial Report including arrears 2. Summary of management committee decisions vii. A member of the management committee or any owner or occupier who has any direct or indirect pecuniary/benefit interest in a contract, or proposed contract or any other matter relating to the affairs of the Corporation: 1. must, as soon as he or she becomes aware of his or her interest, disclose the nature and extent of his or her interest to the management committee; and 2. must disclose the nature and extent of his or her interest in the contract or dealing at the next AGM of the Corporation; and Page 3 of 19

4 6. Water Meter Testing 3. must not take part, directly or indirectly, in any decision or vote of the management committee or of the AGM or of any other general meeting with respect to the contract or particular matter; 4. shall not be eligible to enter into any such contract involving a total consideration in excess of $7,500 (+cpi from July 1 st 2016), or in the case of a contract providing for periodic payments, involving payments in any period of 12 months in excess of $7,500 (+cpi from July 1 st 2016), without the approval of a general meeting of the Corporation, recorded by a resolution of the meeting, at which ten (10) or more persons entitled to vote and present at the meeting, dissent. a. The Corporation shall engage a professional to undertake an accuracy check on all private water meters every 5 years commencing in The owners of meters that are shown to be under-reading shall be served a notice requiring the replacement of the meter(s) within 30 days. The owner is to supply the Corporation with proof of replacement. The Corporation will undertake the work and charge any cost to the owner if the owner fails to comply with the notice within the 30 day period. 7. Building on a Community Lot a. Landscaping and building exteriors on a community lot should be in harmony with neighbouring lots. b. Owners may not change the landscaping of their lot so as to substantially alter the environment without first obtaining the Corporation's written approval. c. Before you develop or further develop your lot you should d. discuss your plans with the management committee; e. ensure the scheme description and these by-laws allow what you intend to do; and f. obtain council, etc. approvals. g. Owners should maintain their lots, gardens, and buildings (and in a skilled manner using only new materials suitable for purpose) and keep them clear of rubbish, un-roadworthy vehicles, etc. h. The owner of a community lot connected to Waste Water Treatment System No 2 (WWTS2) shall ensure that they install and maintain a primary treatment septic system. The lots are 5 to 9 inclusive and 37 to 45 inclusive (refer Annexure C). Note: The primary treatment system must be regularly inspected and pumped out as per statutory requirements. 8. Use of Lots a. Community lots may be used only for residential and ancillary purposes. b. Owners and occupiers may use an area within a building on their lot as a home office/workshop. It should be for the owner's or and resident s use only. It should not be a nuisance to neighbours or cause excessive visitors. c. Owners without space on their lot for a home workshop or to keep a caravan, boat, etc., may, if the developer approves and for a fee, use lot Maintenance of Lots & Buildings a. The owner or occupier of a community lot shall Page 4 of 19

5 i. keep that lot in good repair and condition, including any garden or lawn and the exterior of every building on that lot. ii. keep that lot clear of any plant/equipment of any nature whatsoever not used in connection with residential use of that lot; and iii. not carry out or allow maintenance and repairs to the exterior of any building on that lot other than in a proper and skilled manner and using only quality materials suitable for the purpose and to the reasonable satisfaction of the Corporation. 10. Rubbish and Hazardous Material a. Owners must maintain within their lot, a receptacle for rubbish adequately covered. b. Owners and occupiers shall store rubbish on their lot properly, to prevent escape of unpleasant odours and deter scavenging animals, and keep their lot clear of combustible weeds. c. Bins should not be put out for collection earlier than a day before collection is due. Bins should be removed no later than the day after collection. d. Owners, occupiers and visitors are not to leave rubbish on common property or on vacant lots. This includes building debris and excavated materials including rocks. e. Owners, occupiers and visitors are not to have anything explosive, hazardous, or flammable on the community parcel except for usual purposes and always in suitable containers. 11. Traffic, Speed Limit, Parking, etc. a. The speed limit is 25 kilometres per hour (in line with school zones) within the community parcel. Adults and children use our roads with a sense of security. Owners, occupiers and visitors should keep to the limit. Owners & occupiers should remind visitors, maintenance/repair people, selling agents, etc. to keep their speed down. b. Owners, occupiers and visitors may park on roads in front of lots as near as practicable to the kerb. Attention must be paid to where other vehicles are parked so there will always be free movement along roads for others (especially larger emergency vehicles). c. Owners, occupiers and visitors may not keep on the community parcel Insurance i. an articulated vehicle; ii. a refrigerated vehicle; iii. a special purpose vehicle or mobile machinery refer to National Vehicle Registration Scheme (Heavy Vehicles); iv. a vehicle of gross matter greater than 10 tonnes; or v. a vehicle in combination with a caravan, etc., trailer (including its load), or trailer and boat, etc., where the total gross mass is greater than 15 tonnes. a. The Corporation must purchase new insurance, or vary or extend existing insurance, and obtain a cover note as soon as practicable after they become aware of a new or changed risk. b. Owners should not do anything that may void or prejudice the Corporation's insurance or increase any risk or premium. Page 5 of 19

6 13. Pets c. Owners should insure every building on their lot. The insurance should cover all risks a prudent person would insure against, including the full cost of replacing buildings with new materials and site clearance and other incidental costs. d. When asked by the Corporation, owners should provide evidence of current insurance. a. Owners may keep pets as permitted by Council. Owners' pets should always be contained within their owners' lot or on a leash when on any other part of the community parcel. They should not be allowed to intrude on, or be a danger, nuisance, or disturbance to anyone. Owners should clean-up after their pet. b. If anyone complains about a problem caused by a pet, the Corporation may direct the owner to prevent the problem. If the problem continues, the Corporation may direct the owner to remove the pet from the community parcel. 14. Peaceful Enjoyment a. Owners, occupiers and visitors should not do anything which may be a nuisance or interfere with anyone's peaceful enjoyment of the community parcel, especially between 10pm and 8am or any other time which is likely to offend the reasonable religious and/or social sensibilities of another owner. b. Owners, occupiers and visitors are not to cause the electronic surveillance of common or private property other than their own. 15. Signs and Advertisements a. Owner should not display advertisements on their lot (except to advertise it for sale or rent). 16. Notification of Change of Address for Service Notices a. An owner should notify the Secretary in writing of a new address for service of notices as soon as practicable. 17. Tenants to be Informed About By-Laws 18. Offence a. Owners should ensure their tenants are aware of by-laws which might affect them. a. It is an offence to not comply with a by-law. The maximum penalty for any one offence is $ Imposition and Enforcement of Penalties, etc. a. A decision to notify a person that a penalty is payable for an alleged offence, or to issue a direction under by-law 9, must be made by a resolution passed at a quorate meeting of the management committee with not more than 1 vote being cast against it, or by ordinary resolution at a general meeting of the Corporation. Generally accepted principles of justice, equity, and consistency must be applied. The decision must be recorded in meeting minutes and given to the person in writing. b. A penalty notice must not be issued more than 120 days after the date of an alleged offence. c. A penalty notice must include a date for payment not less than 14 days after the date of the notice. d. The prescribed penalty notice (Form 11) must be used. (refer Annexure A). Page 6 of 19

7 20. Common Seal. a. The presiding officer, treasurer, and secretary, must keep the Corporation's common seal secure. b. The Corporation's common seal must only be used as provided in the law or a resolution of the Corporation. 21. Agreement for Wastewater disposal and treatment facilities. a. The Corporation has entered into an agreement with Alano Utilities Pty Ltd to provide services and facilities for the disposal of waste water. Which agreement is available for review by an owner on application to the Corporation. b. This agreement services some of the lots. (refer Annexure C). Note: The primary treatment system must be regularly inspected and pumped out in accord with statutory requirements. c. The Corporation has agreed to pay Alano Utilities for their upfront and infrastructure costs in providing this service. d. The payment is in the form of land currently used to accommodate a waste tank designated as Treatment Plant 1 (refer Annexure C). e. Owners who are connected to the Alano infrastructure will be charged a sewer rate commensurate with SA Water s country sewer rate and in accord with the ESCOSA approved fees. Page 7 of 19

8 Annexure A. Clause 19 Form 11 Section 34(6)(c)(i) of Community Titles Act Penalty Notice To [insert name and unit number of the person to whom notice is given] The [insert name of the community corporation giving notice] gives you notice that you have contravened or failed to comply with [specify the by-law or article that has been contravened or not complied with] by [set out the details of the contravention or non-compliance]. The penalty of [specify the amount of the penalty] is payable to the corporation by you not later than [specify the date for payment]. If you do not pay the penalty as required by this notice, the penalty is recoverable from you by the corporation as a debt. If this notice is served on you as the owner of a community lot, the penalty may be recovered by the corporation under section 114 of the Community Titles Act 1996 (and interest will be payable on the penalty amount in the same way as if it were such a contribution). Under section 34(6) of the Act you are entitled to apply to the Magistrates Court for revocation of this notice. The application must be made within 60 days after service of this notice. If you make such an application, the penalty specified in this notice is not payable unless the application is withdrawn or otherwise discontinued by you, or is dismissed or refused by the Court (and, in such a case, the penalty will be payable on the date on which the application is so withdrawn, discontinued, dismissed or refused or on the date for payment specified in the notice, whichever occurs later). Page 8 of 19

9 Annexure B. Height Compliance Plan Front Blocks Page 9 of 19

10 Annexure C. Clause 21 Page 10 of 19

11 Annexure D. Clause 5a iii Nomination Form and Candidates Profile Please return this completed management committee nomination form and the candidates profile form at least 21 days before the meeting date to: The Secretary, Community Corporation Inc 1. Name of person nominated for election: Address: Lot No: Phone number: address: I declare that I am a fully paid up lot owner of Community Corporation (tick box) Signature of person seeking election: Date: 2. First Community Corporation lot owner nominating the person first listed above for election to position of Member, management committee of CC 20692: Name: Address: Lot No: I declare that I am a fully paid up lot owner of Community Corporation (tick box) Signature of nominator: Date: 2. Second Community Corporation lot owner nominating the person first listed above for election to position of Member, management committee of CC 20692: Name: Address: Lot No: I declare that I am a fully paid up lot owner of Community Corporation (tick box) Signature of nominator: Date: Page 11 of 19

12 Candidate Profile To be completed and lodged with the secretary by the person seeking election. Please provide a short statement giving your reasons for seeking election. In the event that there are more nominees than the number of vacancies, an election will be held by members at the AGM. This statement will be made available to members prior to the election. Nominee s Name: Please print. Reasons for wishing to serve on the management committee of Community Corporation I can offer the following skills as a member of Community Corporation Management Committee. I have the below experience on other governance or management committees I understand and agree to abide by Community Corporation s Code of Conduct and Management Committee Terms of Reference. Yes No Note that this nomination will be void if the nominee has not ticked the Yes box above. I will participate in Community Corporation endorsed Governance Training session/s as determined by the Management Committee and CC by-laws Yes No Signed:.. Date: Page 12 of 19

13 Annexure E. Clause 5a iv Community Corporation Management Committee Members Code of Conduct 1. Commitment to acquiring understanding of Act, including this code A management committee member must have a commitment to acquiring an understanding of the Act, including this code of conduct, relevant to the member s role on the management committee. 2. Honesty, fairness and confidentiality A management committee member must act honestly and fairly in performing the member s duties as a management committee member. A management committee member must not unfairly or unreasonably disclose information held by the Corporation, including information about an owner of a lot, unless authorised or required by the Corporation s By-Laws for the Community Titles Act or other laws of the land. 3. Acting in Corporation s best interests A management committee member must at all times act in the best interests of the Corporation in performing their duties as a management committee member, unless it is unlawful to do so. 4. Complying with the Act, By-Laws and this Code In performing their duties as a management committee member, a management committee member must take reasonable steps to ensure they comply with the Community Titles Act 1996, Community Corporation By-Laws and this Code. 5. Nuisance A management committee member must not f. cause a nuisance on scheme land; or g. otherwise behave in a way that unreasonably affects a person s lawful use or enjoyment of a lot or common property; or h. otherwise act in a vexatious manner in relation to community corporation matters. 6. Conflict of interest A management committee member must disclose to the management committee any conflict of interest the member may have in a matter before the management committee. 7. Avoid becoming a passive member A member should diligently pursue their duties as a management committee member. If unable to regularly attend meetings or actively contribute to community corporation business, a management committee member shall resign from their management committee member position. Failure to attend three consecutive meetings without leave of absence will be considered a breach of part 7. Page 13 of 19

14 Annexure F. Clause 5a iv Management Committee Terms of Reference The Corporation must elect a management committee at each annual general meeting in a manner that complies with the Corporation s By-Laws. The management committee is made up of lot owners or their proxy member, who must be a lot owner. The management committee is in charge of: looking after the administrative and day-to-day running of the Corporation making decisions on behalf of the Corporation implementing the lawful decisions of the Corporation. The management committee can make decisions at management committee meetings or by voting outside a management committee meeting using procedures specified in law. The Management Committee will: provide a constructive contribution to ensure the Corporation functions effectively and equitably have an understanding of and represent broader community interests in the operation of the Corporation make decisions which they reasonably consider to be in the best interest of the Corporation and its community behave in a way that will be a model of respect, collaboration and cooperation within the community Validity of acts of a management committee Section 98 of the Community Titles Act: If a management committee acts honestly, a vacancy in its membership or the subsequent discovery of a defect affecting the appointment of a member, or the right of a person to act as a member, does not invalidate the act of the management committee. Management Committee members The Management committee will include a Presiding Officer, Secretary and Treasurer (known as the executive). One person may hold no more than two of the executive positions. Under Community Corporation by-laws there must be a minimum of 3 and a maximum of 7 management committee members who will be elected by lot owners at a corporation AGM. (Refer section 5 of the By-Laws regarding management committee elections.) Casual vacancies may be filled by Management Committee appointments for any length of time but they remain valid only until the next AGM. Members may be re-elected but can only serve for six consecutive years after which they must have a break of one year before they are eligible for re-election. A management committee member may appoint another lot owner to act as his or her proxy at a management committee meeting should that member is unable to attend. All management committee members and proxies must agree to abide by the conditions of the Community Corporation Code of Conduct. Page 14 of 19

15 The Presiding Officer The Presiding Officer should be a person with the skills to effectively chair and manage management committee meetings and general meetings. The Presiding Officer is expected to attend all management committee meetings and general meetings and must chair all management committee meetings and general meetings which they attend. If the Presiding Officer is not at a management committee meeting, the Deputy Presiding Officer, (if one has been elected by the management committee) should chair the meeting and if no deputy Presiding Officer has been elected or if the deputy Presiding Officer is absent, the management committee members present must choose another person to chair the management committee meeting, or the voters present at a general meeting must choose another person to chair a general meeting. When chairing a management committee meeting, the Presiding Officer s duties include: 1. Preparation of the meeting agenda(in consultation with the secretary and treasurer) 2. Ensuring that members have the necessary information to make effective decisions on each agenda item 3. Setting the agenda order and indicative discussion times for each item so that highest priority items are effectively dealt with and that the agenda can be accomplished within a reasonable meeting time 4. Establish whether any member has a conflict of interest, or potential conflict of interest in respect to any agenda item, and manage the meeting to avoid any potential or actual conflict of interest, including withholding of background papers from any person with an ascertained conflict or potential conflict of interest 5. Ensuring that each management committee member has the opportunity to be heard and contribute to discussion about each item taking 4 (above) into account 6. Ensure that all members present actively contribute to all decisions 7. Ensure that all members understand the detail of recommendations or motions about 8. Ensure that decisions are lawful and do not conflict with the community corporation s bylaws 9. Ensure that decisions are made by way of majority vote and recorded in the minutes of the meeting 10. Do other things allowable under legislation but only when delegated to the Presiding Officer by the management committee, such as speak publically on behalf of the management committee on matters decided by the management committee. The Presiding Officer does not have more authority than anyone else on the management committee. The Presiding Officer has no deliberative vote if voting is tied. When chairing a general meeting, the Presiding Officer s duties include the above and: 1. ruling a motion out of order if: a. it is unlawful or unenforceable b. it conflicts with a bylaw c. the substance of the motion was not included in the agenda for the meeting Page 15 of 19

16 2. declaring the results of voting on motions at the meeting 3. confirming that each ballot-paper is the vote of a person who has the right to vote in the election (where a ballot for a management committee position is needed) 4. declaring the result of an election for a management committee position. If the Presiding Officer rules a motion out of order they must give reasons, and give the meeting the opportunity to overturn their decision. The Secretary If the Corporation has engaged a professional manager, it may authorise that manager to carry out the secretary's duties. The secretary's duties include: 1. sending out notices for management committee and general meetings 2. ensuring that accurate minutes of meetings are taken and recorded in the corporation s books 3. ensuring that any direct or indirect pecuniary interest or conflict of interest is recorded in the minutes of a meeting 4. asking for and receiving nominations for management committee positions at an annual general meeting. If a notice inviting nominations is forwarded to lot owners, the secretary must also invite owners to submit motions for the meeting 5. providing the prescribed nomination forms to persons wishing to nominate for management committee positions 6. making up the ballot papers for the management committee election, and sending the ballot papers and the other material with the meeting notices 7. having all of the following available to be viewed by voters at a general meeting: a. the roll b. a list of the persons who have the right to vote at the meeting c. all proxy forms and voting papers 8. receiving the completed voting papers for a general meeting 9. receiving the completed proxy forms for general and management committee meetings. The Treasurer If a professional manager has not been engaged: the management committee may ask the treasurer to create a reconciliation statement or if the Corporation passes an ordinary resolution at a general meeting, a statement must be prepared for the management committee, within 21 days after the last day of each month, for each account kept for the administrative and sinking fund, showing the reconciliation of: a statement, from the financial institution where the account is kept. This is to include a ledger of transactions showing payments into and from the account during the month, a levy arrears report and balance sheet. If no professional manager has been engaged then: Page 16 of 19

17 the treasurer must prepare budgets, manage funds and prepare and issue levy notices on the direction of the management committee. the treasurer must cause all invoices to be sighted by the management committee members prior to payment. the treasurer must send a monthly bank statement to all management committee members within 7 days of receipt unless otherwise directed by the management committee or a general meeting. If a professional manager has been engaged then: the manager must cause all invoices to be sighted by the management committee members prior to payment. the manager must send a monthly ledger to all management committee members within 5 days of the end of the calendar month. The ledger must include an opening and closing balance along with a levy arrears report. Participation in meetings remotely Management committee members will be permitted to participate in meetings remotely, for example by telephone, video-link or internet, if the secretary of the corporation agrees with an owner s written request for this. Decisions without meeting A decision may be made by the management committee without meeting if: written notice setting out the proposed decision is served on every management committee member, and within seven days after the notice is served on all members of the management committee a majority of the members give written notice to the secretary setting out the proposed decision and expressing their agreement with it and that there is no dissenting vote. Should there be dissenting vote, then the decision must be referred to a full management committee meeting. Restrictions that apply to management committee decisions The management committee cannot, but a general meeting can, make a decision regarding: 1. setting or changing a Corporation levy 2. a change to the rights, privileges or obligations of lot owners 3. a decision that has to be made by special or unanimous resolution 4. starting a legal proceeding unless it is: a. to recover a liquidated debt against the owner of a lot b. related to a proceeding where the Corporation is already a party c. for an offence under the by-law contravention provisions of the Community Titles Act 1996 d. a dispute resolution application lodged with the Corporation 5. paying any money to management committee members unless it is less than $50 incurred by a management committee member attending a management committee meeting and not more than $300 reimbursed to a management committee member in a 12 month period. Page 17 of 19

18 Management Committee spending limit Management committee spending is limited to funds available in the most recent budget agreed at a general meeting. If there is insufficient money in the funds the management committee needs to consider calling a general meeting to raise a special levy. The Regulation 21 of the Community Titles Act states... Expenditure by a community corporation - (a) of less than an amount that is equivalent to $2,000 multiplied by the number of community lots in the scheme must be authorised by an ordinary resolution of the corporation; (b) of the amount referred to in paragraph (a) or more but less than an amount that is equivalent to $5,000 multiplied by the number of community lots in the scheme must be authorised by a special resolution; (c) of the larger of the two amounts referred to in paragraph (b) or more must be authorised by a unanimous resolution. Management committee members code of conduct The code of conduct sets the standard of what is expected of each management committee member. Code of Conduct overview 1. The Community Corporation Code of Conduct applies to each Community Corporation management committee member. 2. On becoming a management committee member, the person has to have agreed in writing on the prescribed form (Candidate Profile) to comply with the code of conduct. 3. If a management committee member breaches the code of conduct, the member may be removed from office in the way prescribed under the Community Corporation by-laws and Community Titles Act and Regulations. This code of conduct requires all management committee members to: develop an understanding of the law, the code and the role of management committee members act honestly, fairly and with confidentiality act in the Corporation s best interests comply with the law and the code not cause a nuisance disclose a conflict of interest or known potential conflict of interest avoid being a passive member. Dealing with a management committee member breach of the code of conduct The management committee may decide by simple majority to give a management committee member a written notice if it believes the management committee member has breached the code of conduct. A management committee member who receives the notice must be given an opportunity to provide a written response (limited to 600 words) within 21 days after being given the notice. If after Page 18 of 19

19 consideration of the response, the management committee does not withdraw the notice, the Corporation must include a motion to remove the management committee member from their position on the agenda of the next general meeting. The notice must include sufficient details of the breach (limited to 600 words) a statement that the management committee member may within 21 days give a written reply (limited to 600 words) to any other management committee member of the Corporation a statement that the Corporation will pay reasonable photocopy expenses and postal charges incurred by the management committee member to whom the notice has been given a statement that the Corporation will put a motion to remove the management committee member at the next general meeting if the management committee considers the response unsatisfactory. Page 19 of 19