The ACT RVRA Annual General Meeting was held on Wednesday 20 November at the Southern Cross Club in Woden. This year the Committee invited Jo Twible from KJB Law to do a presentation to attendees on ‘Retirement Village Departure Fees, Upfront Fees & Membership Fees’. This hot topic was the subject of several recent ABC 7.30 Report “investigative reports” on problems a number of residents in retirement villages outside the ACT had experienced with departure fee issues in particular. Jo has kindly agreed to allow us to publish her slides on our website for the information of our members.
For information about Jo see: https://www.kjblaw.com.au/jo-twible. Jo can be contacted on https://www.kjblaw.com.au/contact-us.
Note: If approaching Jo, please keep in mind that she is a private solicitor and charges for her services.
[pdf-embedder url=”https://williamsonau.org/wp-content/uploads/2024/12/AGM-slides.pdf” title=”AGM slides”]
AGM 2024 Papers
The following agenda papers are available – click the appropriate link to view/download:
- Agenda
- Draft Minutes, 2023 AGM.
- Financial Report.
- President’s Report.
- Explanatory Statement detailing proposed changes to the Constitution
- Draft revised Constitution.
- Notice of Special Resolution: Proposed that “The draft revised Constitution (incorporating existing By-Laws) be adopted”.
- Committee Nomination Form.
- Proxy Authorisation Form.
A small number of extra copies of these documents will be available at the venue, but as photocopying imposes a significant cost burdon on the Association, we would urge you to view the documents online.
NOTICE OF SPECIAL RESOLUTION
ACTRVRA members are advised that the following Special Resolution will be submitted for consideration at the 2024 AGM.
Special Resolution
Proposed that “The draft revised Constitution (incorporating existing By-Laws) be adopted”.
Background
The ACT RVRA is an Association incorporated under the Associations Incorporation Act 2019. In February 2024, a new set of Model Rules (Constitution and By-Laws by another name) was issued under the Associations Incorporation Regulation 2023 (the Regulation).
Given the release of the Regulation, the Committee considered it appropriate to review the ACT RVRA Constitution and By-Laws particularly as some provisions were out of date or inconsistent with current practice. The ACT RVRA Constitution and By-Laws were last amended in 2014.
It is worth noting that the Model Rules still apply to our Association in relation to any matters that are not covered in our Constitution.
Process to Adopt the Draft Revised Constitution
Section 33 of the Associations Incorporation Act 1991 (the Act), requires that “an incorporated association may, by special resolution, alter its rules in whole or in part”.
Section 70 of the Act sets out the rules for adoption of a special resolution:
A resolution of an incorporated association is taken to be a special resolution if—
- it is passed at a general meeting of the association, being a meeting of which at least 21 days notice, accompanied by notice of intention to propose the resolution as a special resolution, has been given to the members of the association; and
- it is passed by at least ¾ of the votes of those members of the association who, being entitled to vote, vote personally or, if the rules of the association permit voting by proxy, vote by proxy at the meeting.
Please see accompanying Explanatory Statement detailing the substantive amendments proposed to be made to the Constitution.
[well size=”md”]GUEST SPEAKER: ‘UNDERSTANDING RETIREMENT VILLAGE EXIT FEES’.