Awaawaroa
Bay Eco-Village
Community Agreements & Guidelines
(August 2005 Version)
1. INTRODUCTION
2. VISION STATEMENT
3. COMMUNITY AGREEMENTS
A) Terms and Conditions for Cats & Dogs
B) Building Guidelines
C) Environmental Health
D) Permanent Dwellings
E) Firearms & Other Hunting Weapons
4. SHARES
A) Purchasing a Share/Membership Process
B) Selling a Share
C) Inheritance
5. RIGHTS AND RESPONSIBILITIES
A) Rights attached to share
6. FINANCES
A) Mortgage
B) Ongoing Costs
C) Overdue Accounts
D) Forfeiture
7. DECISION PROCESS AND MEETING PROCEDURES
A) Consensus
B) Meetings
C) Quorum
D) Proxy
E) Special Meetings
F) Annual General Meeting
8. APPENDIX
No.1) Building Materials
No.2) Organic Tables
No.3) Exceptions to NZ
Standards
1. INTRODUCTION
The goal of this document is to
provide existing community members and any interested or prospective
members with a general idea of how the community is intended to
operate. This document is intended to be more concise and
understandable than the legal documents which are necessary to conduct
the business of Awaawaroa Bay Ltd. It is not fully comprehensive,
but merely intends to highlight items of general interest and
importance to those interested. If a situation arises where it is
in conflict with, or contradiction to, the legal documents
(constitution and lease) the legal documents will stand.
2. VISION
STATEMENT (Amended June 2003)
We live in community, creating a safe, sustainable environment
that
encompasses and enhances wholesome relationships with each other and
the land.
All land use is organic, encouraging bio-diversity.
We protect and enhance eco-systems and natural habitats.
Our community is based on cooperation, honesty and consensus.
We have a willingness to balance individual needs with the greater
good of the community, while also valuing people’s diversity.
We are a community who understands that our actions and
behaviours influence the world of the future.
3. Community Agreements
A) Terms and Conditions for Dogs & Cats
a) The aim is to have no cats or
dogs. Any incoming foundation shareholder with a cat or a dog
will be considered on a case by case basis. The object is to
determine whether the pet is a suitable animal for Awaawaroa Bay
Eco-Village. Such issues as the animals age and temperament will
be considered as well as the owners attitude to the pet and the
environment.
b) All cats and dogs on the
property must be kept on a leash unless they are in the designated area.
c) Animals unleashed must be under
the control of someone 14 years or over.
d) Restricted areas are to include
the wetland perimeter, foreshore areas and bush. A leash is
required in these areas, with the animal in the control of someone 14
years or over.
e) Visitors will not be permitted
to bring dogs or cats.
f) Tenants can look after existing
animals but cannot bring their own. All other pets and livestock
should be contained.
B) Building Guidelines
(i) The Building Committee,
consists of representatives of no less than 3 shares. The role of the
committee will be to advise and evaluate all building construction and
alterations on the property. People from outside can be consulted in an
advisory capacity.
Upon initiating a building
programme, preliminary concept plans are to be discussed with the
building review committee. All plans are to be submitted and
approved by the committee and shareholders before permits are applied
for from the Council. The plans will include what is required by
Council and, additionally, a cross-sectional drawing which illustrates
how the proposed building is in harmony with the site and landscape.
The object of the internal
building code is to ensure low impact buildings in harmony with the
landscape. This is to be achieved by the use of environmentally
sound materials and designs sympathetic to the landscape.
(ii) Each share is allocated a
'house lot' for buildings pertaining to residential living. This
includes the main house, toilet, carport, sleepout, domestic workshops,
toolsheds, woodsheds, etc. This Lot Coverage must not exceed 200 sq. m.
as stated in our Resource Consent. Lot Coverage is defined in
Hauraki Gulf Islands District Plan as "the portion of a lot which is
covered by buildings including overhanging or cantilevered parts of
buildings (including any part of the eaves or spouting or bay
windows projecting more than 1 metre) measured horizontally". The
combined floorspace of the houselot (total area of all floors of all
the buildings in the houselot, contained within the exterior walls, not
including verandahs and decks) must not exceed 200 sq m. To build
up to 200 sq m floorspace within the 200 sq m lot coverage, a second
story is needed. See height restriction in Section 3 B (v)
(iii) Each share can also have an
Ancillary Building, a separate building from the houselot, of a maximum
of 50 sq m. lot coverage. This is to be built to facilitate "the
range of rural activities which residents smallholders are likely to be
involved with, eg nursery, market garden, livestock,
workshop, etc" (from the Rural Property Management Plan.
(iv) Building Designs - to be site
specific. Rather than re-designing the site for the building,
design the building for the site. The reason for this is to
ensure minimum earthworks and modification of the landscape.
Reference shall be made to the Auckland City Council publication
"Design Guidelines for Buildings in the Coastal Landscape".
(v) Height - Buildings must not
exceed 8M in height from finished ground level. Prefered height
restriction is 6M with the design being appropriate to site
considerations.
(vi) Location - buildings to be
located off ridgelines, knolls and archaeological sites, and off
skylines where possible.
(vii) Building Materials -
The use of environmentally friendly building materials is
encouraged. The Building Committee has investigated various
materials and techniques and has information available. In
general the shareholder is encouraged to avoid the use of
non-sustainable or over processed (high energy consuming) products and
to use materials in an aesthetically pleasing way. For example
the following products are not allowed: woods from
non-sustainable sources - fibreglass batts - tanalised pine
products (excepting existing fenceposts already on the land). ( See
Appendix No.1)
(viii) Reflective Surfaces -
to be kept to a minimum. Large expanses of glass should be
"broken up". Roofing, if corrugated iron, to be painted or colour
steel.
(ix) Colours - exterior colours
(apart from trim) to be earth tones. Refer T. Heath
"Colours for Structures in the Landscape".
(x) Power (amended Dec/’03)
- The aim is to provide for our power needs with the least amount
of negative environmental impact and to be diesel/petrol generator free
as soon as possible.
Mains power will not be provided
by Awaawaroa Bay Ltd. All utility transmission (eg. phone.
power, TV etc.) lines must be underground at the expense of the
shareholder. If not connected to the national power grid, residents
will need to use alternative power such as solar, wind, hydro, wood
stoves, candles, lamps etc.
Diesel/petrol generators are not
permitted as an integral part of any power system but may be used as an
emergency back up to recharge batteries in long periods of inclement
weather or at limited times of heavy demand.
(xi) Wastewater Disposal - due to
the proximity of wetland systems, composting toilets or other
alternative systems will be encouraged. The recommended system
for greywater disposal shall be by sub-surface irrigation with grease
trap/holding tank.
(xii) Earthworks - to be
constructed as per Auckland City Council guidelines "Earthworks in the
Gulf Islands".
(xiii) Protection Yards -
all buildings to be 20m from wetlands/water systems (as per Hauraki
Gulf Islands HaurakiDistrict Plan).
(xiv) Vevegetation - of
houselots is encouraged in order to stabilise slopes and soften the
effect of buildings. All native vegetation plantings to be from local
seed source, where available.
(xv) Plans - all building plans to
be approved at a meeting of shareholders. The Building Committee is set
up to support this prior to applications being submitted to Auckland
City Council. Plans shall include a site plan showing proposed use for
total houselot so total impact of development can be assessed.
(xvi) All plans to comply with ACC
building code.
(xvii) Neighbours - consider
the effects on your neighbours when planning your home. Even
better, discuss your plans with them at an early stage
(xviii) People are strongly
encouraged to use energy efficient design in their buildings. eg. lots
of glass to the north for harvesting solar heat; thermal mass (floors
& walls) for storing heat; lots of shade in summer to cool the
house.
C) Environmental Health
1) Organics (amendment agreed 6
March, 2005) - The Community follows the spirit of the organic
principles as outlined in NZS 8410:2003, Bio-Gro Standards and Demeter
Organic Production Standards.
See Appendix 2 for a list of
alternatives gardening and land use practices.
See Appendix 3 for the current
list of exceptions to NZS 8410-2003.
2) Noise - It is acknowledged that
noise can be a form of environmental pollution and has an impact.
Our aim is to maintain and enhance the peace of the valley. With
that in mind you are encouraged;
a) to talk to your neighbours if
you have specific problems with their noise.
b) to consider the feelings and
comfort of others and the effect on the environment when making noise.
c) to be flexible about use of
noisy equipment where others can hear. Accept that you may be
asked to stop making noise for a specific reason.
d) to limit the use of noisy
equipment between 8am and 6pm.
D) Permanent Dwellings
The intention is for people to live and build
permanent dwellings on the land.
E) Firearms &
Other Hunting Weapons
The keeping of firearms by residents on his or her
lot requires the written consent of the Company. Appropriate NZ
Licenses must also be obtained. Guns must be locked away.
The use of firearms on common land requires the knowledge of at least
one other resident. Attempts will be made to notify all other
residents of impending firearm use.
Hunting bows & arrows and hunting cross bows may
not be used or kept at Awaawaroa Bay Eco-Village. Recreational
use of bows & arrows needs to be supervised at a house site or
another designated area as decided by a community
meeting.
4. SHARES
A) Purchasing a Share/Membership Process
Reference: Constitution Clause 11
People wishing to join Awaawaroa Bay Ltd will
be provided a period of 90 days in order to determine the acceptability
of the new shareholder to the company, and the company to the new
shareholder respectively. The 90 day period can be reduced by
mutual agreement or extended if deemed necessary by either party.
To begin the 90 day period the interested person/s
must declare either in person at a Monthly Meeting or by Mail (if
necessary) that they are ready to begin this 90 day membership
period. Also at this time each interested person/s is requested
to write a letter of introduction which should include some or all of
the following:
a) Current life situation -
family, work, life style etc.
b) Some life history.
c) Dreams and goals for communal
living at Awaawaroa.
d) The house site/ allotment they
are interested in living on.
During or after the 90 day period each interested
person/s is required to formally apply in writing to the Awaawaroa Bay
Ltd Shareholders, to buy a share and become a member. This letter
of intent should include details about how the share will be purchased
and a choice of house site.
Each interested person/s is required to attend as
many monthly meetings and working bees as possible during the
membership application period. They are also encouraged to attend
the weekly Sunday evening shared meal and other events as they
arise. Every effort should be made by current shareholders to
meet the prospective new members and vice versa.
B) SELLING A SHARE - Reference: Constitution
Clause 11 (from 2 May, 2004 Meeting)
The shareholder will give notice of intent to sell their share in
writing or to a monthly meeting. The notice shall include the
share price determined by a registered valuer. The agreed price
can only be changed at a community meeting. If the share
price is to be raised this must be supported by a new valuation from a
registered valuer and can only be done when there is no one in the 3
month membership period.
Letters or statements (to a meeting of shareholders) of intention to
start the membership process will be accepted one at a time and
processed simultaneously in chronological order.
A letter outlining the process will be given to the prospective
purchasers.
The Company will be the agent for the sale which means doing the
advertising, taking phone calls and showing people around. The
seller must reimburse ABL for any expenses incurred at the completion
of the sale. When a share sale has been announced and a share
price agreed upon a sub-committee (including the selling share holder
if they wish) will be established to facilitate the advertising,
marketing and showing of the share and improvements. A “buddy”
will be selected to support the seller during the sale period.
The community commits to processing the sale as quickly as possible and
to communicating clearly with all involved.
The new buyer must go through the normal membership process as
stipulated in item 4. SHARES Section B) of the ‘Shareholder
Agreements’
C) INHERITANCE
If a shareholder dies, their share can be
transferred to a relative as stipulated in the deceased shareholder's
will. Shares that are jointly held will require a special
agreement amongst holders, as the remaining holders of the share
inherit equal.
5 RIGHTS AND
RESPONSIBILITIES
A) Rights attached to shares
(i) Each shareholder is a director
of the Company, except in the case of joint holders where the person
first named on the share register is the director. All
shareholders are encouraged to attend meetings and to fully participate
in the decisions of the company.
(ii) One person can hold no more
than one share. Each share can be held jointly by no more than
four persons.
(iii) Shareholders/members will
have a right to access all Company information including, but not
limited to, financial statements,
accounting books, work logs, etc. This information will be kept in
a secured area with access
provided to each shareholder. Until such time as this is set up each
member can access information
through the Secretary and/or Treasurer. - Reference:
Constitution Clause 30
(iv) To each share is attached the
right to erect and occupy one dwelling and associated structures
on the site designated in the
Management Plan and allocated at the time of purchase.
NOTE: Legally the Company owns
the land and all the improvements. The Company will therefore
grant a lease to the shareholders
for their dwelling. - Reference: Constitution Clause 2(b)
(v) With restrictions and
approvals the dwelling can be sublet. - Reference: Lease Clause 10
(vi) Each share will have a total
land allocation of 1 Hectare as designated in the Management Plan.
NOTE: Under the resource
Management Act a lease of land for over 20 years is treated as a
subdivision. Instead, the Company
will allocate a parcel of land to the shareholder, granting exclusive
use rights. Shareholders can also "lease" additional land from the
Company.
(vii) The shareholder may request
to lease part or all of their land allocation to people outside the
Company. All leases of this nature will require approval of the
Company. Permission will not be
unreasonably withheld. Leases
will require compliance to our Constitution and Bylaws.
Reference: Lease Clause 10
NOTE: The Community may also agree to lease appropriate common land,
not including allocated sites to non-shareholders. - Reference: Lease
Clause 25
(viii) A shareholder is entitled
to access all common land and community facilities.
Reference: Lease Clause 19
(ix) Our Community works because
of the commitment and voluntary work that members contribute.
B) Forfeiture
In the case of forfeiture, the Company will handle
the entire process of transferring the share to a new
shareholder. Any outstanding payments and expenses will be
deducted and the remaining proceeds provided to the forfeiting
shareholder in a timely manner. It should be noted that the
Company retains a lien on the share until fully paid.
- Reference: Constitution Clause 2(f)
6. FINANCES
A) Mortgage
All shareholders are singularly and jointly liable
for re-payment of the current mortgages. For further details on
the Mortgages see the legal documents held in the archives.
B) Ongoing Costs
(i) From September 2004 each
shareholder will be required to contribute $30.00 per week to the
ongoing management and maintenance expenses.
Reference: Constitution Clauses 2(g) and 2(i),
Lease Clauses 1 and 2
(ii) If a situation arises where
the Company does not have enough funds to meet ongoing commitments, the
Company may call on each shareholder to pay up to $500 a year to cover
these commitments.
Reference: Constitution Clause 2(h)
(iii) The Company Treasurer or
Budget Committee, after consultation with the Shareholders, will submit
a proposed Budget for the coming year to a shareholders' meeting held
no later than 28th February for each financil year begining the 1st
April. The proposed budget will include all ongoing maintenance
expenses including, but not limited to, rates, permits, administration,
insurance, legal and professional services, equipment and building
maintenance, as well as any proposed and approved capital
improvements. All budget items, where appropriate, will be broken
down into material and labour components.
(iv) Shareholder/community members
will have first option on contracting to do any required budgeted work
for that year. Any work contract will be proposed, discussed, and
approved at the monthly meetings and minutes of the meeting will serve
as record of such agreement for work contract by shareholders/community
members. All work contracts will agree to a fair hourly labour
rate for jobs with a "not to exceed" clause specifying a total labour
cost for the job. Should the job exceed this cost, further
approval will be required at a subsequent monthly meeting with
consideration of the budget position of the Company.
(v) All work done within the
community, as agreed to in the budget, will be paid for by the Company,
either by cheque by the 20th of the following month when the work is
done, or with a credit system against community dues for ongoing costs.
C) Overdue Accounts
(vi) If a shareholder is late for
any payment due to the Company, the late payment will incur interest at
2% per month on the outstanding debt.
(vii) The Company will send a
letter notifying the overdue shareholder of the overdue amount and
providing a period of 60 days to remedy the outstanding debt.
(viii) If the account is not
settled within the 60-day period, the shareholder will lose his/her
voting rights until the account is settled. Additionally,
unless appeal is made and accepted by all the other shareholders, an
overdue shareholder may be required to sell his/her share(s) in the
manner specified.
Reference: Constitution Clause 21.2
(ix) It should be noted that in
the case of joint holders any/all holders are liable for debt to the
Company. Therefore, the risk is with the joint shareholders and
should be managed by them appropriately.
7. DECISION PROCESS AND
MEETING PROCEDURES
A) Consensus
Consensus decision making is
based on an agreement to reach agreement, and a shared feeling that the
best decisions reflect the thinking and agreement of all members in our
group. Those directly
affected by a decision are involved in the decision. Consensus is
not unanimity. It is not
necessary for every person in the group to feel that this is the
solution that they would most want or even think best. Members
may feel, however, that this is the best solution that can be reached
at this time and under these circumstances.
At any point in this process an
outside facilitator or mediator can be used.
Ground Rules for Meetings
- We use "I" statements - speak
personally, not on behalf of others.
- We don't interrupt.
- We speak concisely and to the
point.
- We start and finish on time.
- We keep all personal content
confidential.
- We value and respect each
person's contribution.
- We undertake to keep
relationships within the group clear by dealing with any problematic
issues directly with the person concerned.
B) Meetings
i) Meetings
shall be held on a regular basis and at least monthly. There
shall be a report on finance, budget position, all jobs in process, any
committees established and other agenda items as required. Times
will be set for the next meeting. Any other meetings will
generally require two weeks notice.
Reference: Constitution Clauses 16 and 17
ii) All
shareholders are equal and have equal rights. If more than one
person holds an interest in a share then only one
person will vote on behalf of the others. Other interested
parties can speak by leave of the meeting.
iii) The meeting shall elect a
facilitator who does not have a casting vote.
iv) Minutes shall be kept for each
meeting and be accessible to all shareholders.
C) Quorum
The quorum for an ordinary meeting shall be MORE
than 60% of shareholders or proxy holders.
In the case of a Resolution Meeting the quorum shall
be all of the directors or their proxies.
In the case of no quorum being reached at the first
Resolution Meeting a further resolution meeting
is to be scheduled. All directors will
be notified of this meeting in writing. At the 2nd resolution
meeting the quorum must be 80% of all directors (or
their proxies).
D) Proxy
Any director may give his/her proxy vote to another
shareholder who then becomes a voting shareholder. No shareholder
may hold more than one proxy. A director can appoint a proxy for
a continuous period of 1 year, after which the director has to attend a
meeting in person. Reference: Constitution Clause 17. 6
E) Decision Process
For an ordinary meeting the fundamental decision
making process shall be via 'consensus' of all the shareholders
attending the meeting. If consensus cannot be reached at the
meeting a further meeting will be held to try and resolve issues in
order to reach consensus. If consensus still cannot be reached
the decision can be deferred to a Resolution Meeting. At the
resolution meeting a vote by directors shall be taken. A majority
of 80% of the directors or voting shareholders as defined under
B) & C) above, shall be required to pass a decision.
'Special' Resolution Meetings
A 'Special' Resolution Meeting is
Required for the following instances:
1. The voluntary winding up of the
Awaawaroa Bay Ltd.
2 Changing or removing the "Use of
Sprays" Bylaw 2-C.
A special resolution meeting must
be attended by ALL directors or their proxies and
Consensus Decision Making is
required(ie. 100% agreement
F) Special Meetings
Meetings can be called at any time under the
Constitution. It is anticipated that special meetings would be
required for Budget Planning. This meeting is required before the
beginning of each new financial year to approve the budget as submitted
by the Treasurer. Any items for inclusion must be submitted by
the Treasurer. Any items for inclusion must be submitted with
appropriate justification and quotes at least one month prior to this
meeting.
G) Annual General Meeting
This meeting is to be held within 6 months of the
end of each financial year (31 March). Notice to be sent to all
members' last known address at least 14 days beforehand. The
agenda for the AGM is to include:
(i) Confirmation of minutes from
the last AGM.
(ii) Submission and acceptance of
reports from all committees.
(iii) Submission and acceptance of
the annual financial statements.
(iv) Confirmation of committee
members.
(v) Any other business which has
been notified to the Secretary prior to 7 days before the AGM.
(vi) Any other business by leave
of the meeting.
8. APPENDIX
No.1 - Building Materials
Most Acceptable Materials - sustainably grown wood, mud bricks, earth,
straw bale, recycled woods of all types excluding
copper/chrome/arsenic treated pine, corrugated iron, clay tiles.
Considered - aluminium joinery
Not Acceptable - exposed concrete block base, brick veneer, vinyl
weather boards, hardiplank weatherboards, metal weather boards, vinyl
windows, CCA Pine, hardwoods from non-sustainable sources.
No.2 - Organic Table
The following table is a basic guide for acceptable gardening and land
use practices at Awaawaroa Bay Eco-Village. For more
comprehensive and specific guidelines see the NZ Standard NZS 8410:2003
for Organics or the Bio-Gro Standards.
DO NOT USE EXAMPLES OF ALTERNATIVES
Chemical Fertilizers
eg. Yates “Thrive”
Compost, Compost Tea, Seaweed, Comfrey Tea, Fish,
Worm Casts or Juice,
Manure from Organic Animals eg. Certified Sheep Pellets
Yates Certified Organic Nitrosol (Fish or Blood & Bone)
Dolomite
Rock phosphate
Chemical Pesticides -
eg. Yates “Mavrik” Pyrethrum and Garlic, Diatomaceous
Earth for slugs and snails, Hand removal of slugs and snails at night.
Bronze Beetles - shake trees, shake beetles into a container of hot
water, cover trees with frost cloth during the beetle season.
Digital removal of caterpillars and beetles
Rhubarb Juice
Soft Soap for aphids
Fatty Acids (potassium salts)
Mineral Oils
Derris Dust
Bacillus thuringiensis (BT)
Chemical Herbicides
eg. Round-Up (glyphosate) Boiling Water, Gas blow
torch, weed mat, manual removal, woollen carpet, card board, newspaper
etc.
Bio-Gro Certified “Interceptor”
Fatty acids
Chemical Fungicides
eg. Yates - “Bravo” Copper hydroxide
Baking Soda
Sulphur
Vegetable Oils
Genetically Modified plant material eg. seed,
cuttings Organically sourced seed and cuttings
Animal feed with genetically modified ingredients.
Organically sourced animal feed.
Be wary of products that say they are “Organic” -
they must be “Certified Organic” which means there will be a
certification emblem or logo somewhere on the product.
No.3 - Exceptions to NZ Standard
8410:2003
We comply with NZS 8410:2003 Organic Production with the following
exceptions:
5.1.3 We may choose not to do so. (This relates to a requirement
to establish under storey plants or mulch in orchards etc.)
5.2.2 We mostly, but not always, use organic seeds or
propagating material. (This means that we can buy seeds or a punnet of
flowers from a shop or take a cutting from a roadside plant. However no
GMOs.)
8.3.1 It is acceptable to bring in female breeding
livestock from non-organic sources (however in case of production for
sale the standard must be complied with). It is also ok to send animals
off farm for mating.
8.4.3.1 Supplementary feed can be from non organic sources (however
note 8.4.8).
(This means that if someone runs out of organic chook food, they can
buy it from the supermarket, say, as long as it is GE free.)
8.11.3 Beehives can be placed anywhere on the property in
consultation with people here.
(This is because there is nowhere on this property where a hive would
be 3 km from non organically managed land.)
Sections 10, 11 and 12 do not apply. (They relate to processing,
packaging, storage, transport, labelling, advertising, retail,
wholesale and brokerage.)
Appendix A It is not necessary to have a management plan or
keep written records.
Table B 1 Currently the specific conditions for animal
manures and compost from plant material and animal manures do not apply
in the case of potting mix. This is due to the difficulty in obtaining
suitable potting mix in bulk.
Table B 4 Add Indolybutyric Acid until more acceptable
alternative found. (This is a synthetic rooting compound for
cuttings.)