Minutes prepared by MGE Residents' Committee Secretary, Rhonda Thomas.
RESIDENT COMMITTEE MEETING
FRIDAY 12TH AUGUST, 2022
2PM – LIBRARY
PRESENT: John Mundt, Craig Browne, Jan Phillips, Rossana Keegan, Lyn Green, Rhonda Thomas
INVITEE: John Gregor (Finance Committee) arrived 2.45pm and left 3.10pm
MINUTES OF 9TH JUNE, 2022 MOVED Lyn Green SECONDED Rossana Keegan
BUSINESS ARISING FROM MINUTES
Birds in apartment blocks – management continues to clean the area and recently cleaned the storage areas located in the carpark area, housing residents’ belongings. Management has not agreed to do any other remedial work. Ongoing reactionary cleaning will continue at a cost to all residents.
TREASURERS REPORT MOVED Lyn Green SECONDED Jan Phillips
Books and paperwork have been forwarded to Paul Barry for Auditing
CORRESPONDENCE IN:
THE COMMITTEE HAS RECEIVED 235 INCOMING EMAILS OF VARIOUS NATURE over the past 2 months. A lot of these emails offer support and encouragement and this inspires us to keep going in the direction that we are heading. However, most are of a confronting, often argumentative nature, and the emotional and physical drain these are having on the members of the committee and residents within the village is overwhelming.
Extensive discussion resulted in the Committee decision that they will no longer be caught up in responding to any further unsolicited, intrusive correspondence from residents. This continual bombardment to all residents is only creating a division within this village, which is not in the best interests of the residents or the village.
The committee will issue a strongly worded letter to Management insisting they stop facilitating the issue of unsolicited emails and handouts MOVED – Jan Phillips, SECONDED – Craig Browne
The Residents’ Committee acknowledges that residents have differences of opinion, and that they are entitled to express these opinions to the committee in a respectful way.
So we would ask that residents refrain from their continued attack. Accept that the vote taken for a change of Auditor received an overwhelming response, and realize that the majority of residents voted for change. This should be respected and not challenged at every opportunity. Residents were given the choice to vote without reprisals, in the privacy of their own home. The committee worked very hard in readiness for the vote, including the preparation of postal vote documentation, and it was conducted in good faith and in strict confidence for all residents.
The Returning Officer had no influence over the outcome of the vote, and the vote will stand. Management has decided that the matter should be referred to NSW Fair Trading.
The Committee refers all residents to the following extract from documents issued to residents on occupancy:
Under the Code of Behaviour (page 5 of document folder) on point 3, Residents shall:
- if a resident has criticism of the village, staff or another resident, the resident will voice them only to those concerned without the malicious spreading of rumours and innuendo throughout the village and/or broader community.
At this point Mr John Gregor joined the meeting to discuss the AUDITOR VOTE
The latest position on this matter is that the Operator has indicated to the residents that the matter will be referred to NSW Fair Trading. No date or timeframe has been made.
NSW Fair Trading is for mediation not a decision making body.
Until it is decided one way or the other no further discussion will be had in this matter.
The Management was notified of the over whelming result of the vote on 29th June, to change the auditor to Bishop Collins. Numerous correspondence has been had between Bishop Collins, Management and the Residents Committee to have the wishes of the residents granted.
Under the Retirement Villages Act (1999) if Management does not accept the results of the vote they must take the matter to the Tribunal for resolution. We refer the Management to Section 118D tribunal may consent to appointment of auditor if disagreement. As this matter is in excess of 6 weeks since notification we believe that management should move to resolving this matter via the requirements of the Act.
GST ON AUDITOR COSTS
Clarification: The $11,500 does not include GST. However, GST is not a cost borne by the residents but by the Operator and the figure that appears in the budget will be $11,500. Therefore, the difference between the budgeted figure and the new additional cost is $7,100 only.
Mr John Gregor then left the meeting
CORRESPONDENCE IN (cont) AND OUT – to maintain continuity
22 July, - Correspondence from Bishop Collins re management contact to them in respect of costs for services.
23rd July, - Correspondence from residents about bird problems in apartment blocks
26th July – Correspondence to Management & Bishop Collins in respect of costs for auditor
27 July – Correspondence in from numerous residents in respect of unsolicited emails via the office from other residents.
29 July – Correspondence from resident in respect of unsolicited emails via office from residents
29 July – Correspondence to Operator and EGM re incident in clubhouse in respect of behaviour from EGM and Operator towards residents
29th July – Correspondence to Residents Committee re complaint from Operator to say incident has been put into the hands of HR Lawyer for investigations
31 July – Distribution of revised Code of Operation
2nd August – Correspondence from a resident in respect of the situation of the water pressure. Response from management does not provide a solution to the problem. The committee will follow up asking for a satisfactory solution.
3rd August – Resident request for quarterly figures
5th August – correspondence to Operator re incident raised 29th July, and ongoing interacts with victim and EGM and operator. Request no further interaction till investigation and outcome
8th August – Correspondence to Operator re appointment of Auditor and timeframe to complete engagement
9th August – Correspondence from President to all residents re ongoing emails from residents
9th August – Correspondence from ARH re matter of Auditor to be referred to NSW Fair Trading for determination
10th August – Correspondence to Operator for clarification as to who will be referring to NSW Fair Trading
11th August, request to management for quarterly figures and asset management plan
Between 29th July, - 12th August – the committee has received 15 emails from one resident. These emails have endeavoured to police the actions and process of the committee, often based on hearsay and third-party statements.
Correspondence in from previous meeting to this meeting – residents providing their details for inclusion in resident directory and correspondence from committee
Correspondence in from previous meeting to this meeting – residents thanking the committee for the work they are doing and supporting their efforts.
GENERAL BUSINESS:
The members of the Residents’ Committee acknowledge the fact that working for a village this size involves a huge amount of time and commitment. Residents who continually email complaining about the same issues only detract from the time available to assist residents with genuine concerns. We see this as harassment and it will no longer be tolerated, therefore we will no longer be responding to disparaging emails or any other divisive communications. We ask that you divert your efforts to working together in support of the decision of the majority. The AGM is approaching and if you feel that you can offer your time and commitment towards making a difference to the health and well-being of the residents, please consider nominating for a committee position. In the meantime, please allow this committee to continue its tenure.
Code of Operation clarification as per emails received:
Under Section 1 - Definitions
Honorary Auditor means a person elected to audit the Residents Activity Fund and other fund raising groups within the Village annually.
CLARIFICATION - ‘OTHER FUND RAISING GROUPS’ REFERS TO GROUPS RAISING FUNDS FOR THE VILLAGE RESIDENTS, including Bingo, the Social Committee and the Carers Group. NOT PERSONAL INTEREST GROUPS. Eg golf, dart, pool, cards, etc.
At no time has the residents committee indicated that they wish to involve themselves in the small groups that operate within the village and the funds they raise for their Christmas parties, and other necessities to keep their groups operating.
Use of the word PREFERENTIAL POSTAL VOTING No where in the ACT/Regs , RVRA or NSW Fair Trading is reference made to ‘preferential’. The only words used throughout these documents is POSTAL VOTING . Therefore the word ‘preferential’ has been removed to be in keeping with the above.
PLEASE NOTE - The Code of Operation is a working document and therefore the Committee would hope that the document is revised and updated with any changes in legislation and industry best practice, in keeping with the operation of the Residents’ Committee within this village.
This document underwent a review to close unintended loopholes and to avoid arguments and debate in the future. It is not perfect, but is a certainly now compliant with the Retirement Villages Act (1999) and Regulations (2017) currently in place.
At this stage no changes will be made to the document as issued to residents. It will go to the vote unchanged on 18th August, 2022.
For any significant change to the Code, residents can raise a motion later to have it voted on to make the required change.
NOMINATIONS AND VOTING FOR RETURNING OFFICER FOR THE AGM ON 30th SEPTEMBER, 2022
It is hoped that on Thursday 18th August, 2022 residents will take the opportunity to vote by proxy or show of hands for a Returning Officer to conduct the vote for the election of the next Residents’ Committee.
This vote is for ONLY the AGM on the 30th September, 2022. At the AGM an election will be conducted for a Returning Officer for the upcoming year.
Due to the volume of work to be done prior to this election, it is necessary to elect a Returning Officer prior to the AGM.
The AGM election will be done via postal vote, proxy or written ballot on the day. This will give every resident the opportunity to participate.
Your nomination is welcome and we look forward to seeing you put your name forward for this role.
WATER INGRESS
This is still an ongoing problem for many residents within this village. After the meeting with the RVRA a number of residents stayed back and provided details of their problems.
If you are still in the process of having your water problems dealt with and would like to have your issue included with other residents, a form has been developed for you to complete.
Once we have all the details of the issues of water problems within the village a register will be formed so that the progress of your issue can be tracked, and hopefully will assist with the rectification.
REMINDER:
SAUSAGE SIZZLE
Come and join us for a Sausage in a Roll – Thursday 18th August, 2022 starting at 12.30pm
SPECIAL GENERAL MEETING
This meeting will follow the Sausage Sizzle and will commence at 2pm. Registration and Proxy registration will take place from 12.30pm.
AGM
Friday 30th September, 2022
To all groups operating within the village, this is a good time to submit a report to let the village know what you are doing and what you are proposing to do in the future.
All reports to be submitted to the Secretary by Friday 16th September, 2022 to be distributed to the residents prior to the meeting.
No further business meeting closed 4.12pm