XYZ
Housing
Co-operative Inc.
Policies
DRAFT
ONLY
Disclaimer
This template is provided for the purpose of disseminating information free of charge as an optional resource for use by Housing Co-operatives in South Australia.
To the maximum extent permitted by law, Housing SA, Community Partnerships and Growth does not guarantee, and accepts no legal liability whatsoever arising from or connected to, the accuracy, reliability, currency or completeness of any information contained in this document.
Housing SA, Community Partnerships and Growth recommends that Co-operative members exercise their own skill and care with respect to their use of this template and that they carefully evaluate the accuracy, currency, completeness and relevance of information for their purposes.
The information is not intended to be nor should it be relied on as a substitute for legal or other professional advice. Co-operatives should obtain any appropriate professional advice relevant to their particular circumstances.
Contents
DEFINITIONS 6
PRINCIPLES OF CO-OPERATION 7
GOVERNANCE & ORGANISATION MANAGEMENT 8
Reference 8
Code of Conduct 8
Code of Governance 9
Rules, Bylaws, Policies and Procedures 11
Meeting Procedures 12
Quorum 15
Conflict of Interest 15
Subcommittees 17
Job Descriptions 18
Duty of Care 18
Illegal Conduct 19
Budget 20
Privacy 20
Confidentiality 20
Bullying and Harassment 21
Managing Disputes and Complaints 23
Representation 24
Health and Safety 24
Whistleblowers 26
Delegated Authorities 28
Risk Management 30
MANAGEMENT SYSTEMS 35
Reference 35
Computers 35
Contact Details 36
Official Correspondence 36
Service Providers 36
Asset Register 37
Personal Information 37
Use of private vehicles 38
Finance 39
Finance Reports 39
Auditor’s Report 40
Bank Authorisations 40
Procurement 40
Payments 42
Reimbursements 42
Petty Cash 42
Transaction Cards (Store Cards or Credit Cards) 43
Surplus Funds 45
Fraud Risk Management 45
TENANCY MANAGEMENT 47
Reference 47
Complyingwiththe TenancyAgreement 47
Tenant’s Rights and Responsibilities 47
Tenant’sRights 47
Tenant’s Responsibilities 48
Co-operative’s Rights and Responsibilities 48
Co-operative’s Rights 48
Co-operative’s Responsibilities 48
New Tenants 49
Tenant Selection 49
Bonds 49
New One Adult Households 49
New Multiple Adult Households 50
Existing Multiple Adult Households 50
Tenants Information Pack 50
Emergency Contact 50
Managing Non Member Tenants 50
Tenancy Agreement Renewals 51
Tenancy Inspections 51
Right of Entry 51
Pets 52
Smoking 56
Peace and Quiet 56
Vehicle Repairs 56
Complaints by Interested Persons (neighbours and others) 56
Breaches of the Tenancy Agreement 57
Death of a Tenant 57
Cluster Housing 57
Intervention Orders 57
Occupancy Standards 57
Internal Transfers 58
Extra Persons 58
Applications for Extra Persons 59
Approval to accommodate Extra Persons 59
Extra Persons residing without the Co-operative’s knowledge or consent 59
Caretakers 60
Visitors 60
Vacating the Property 61
Conciliation Conferences 61
ASSET MANAGEMENT 62
Reference 62
Maintenance Policy 62
Property Maintenance Records 62
Property Maintenance Plans 62
Summary Maintenance Plan 62
Inspections 63
Fair Wear and Tear 63
Tenant Maintenance Responsibilities 63
Tenant Damage 63
Approvals for Maintenance work 64
Emergency and Critical Maintenance Response Times 64
Tradespersons / Contractors 65
Locks 66
Keys 66
Floor Coverings 66
Heating 66
Cooling 66
Smoke Alarms 66
Pest Control 67
Alterations and Additions 67
Disability Modifications 67
Painting 68
Managing Property Returns 68
Strata Corporation 68
MEMBER MANAGEMENT 69
Reference 69
Membership Management 69
Rights and Obligations of Members 69
Participation Indicators 70
Applications for Membership 70
Approval of Applications for Membership 71
Membership Register 72
Education and Training 72
Negotiating Participation 72
Coming of Age 72
Leave 72
Medical Exemption from Participation 73
Retired Members 75
Rights and Obligations of Retired Members, Members On Leave or Members With A Medical Exemption 75
Limits on Number of Retired Members, Members On Leave or Members With A Medical Exemption 76
Changed Needs 76
Breach of Membership Obligations 76
Breaches of the Code of Conduct 76
Other Breaches - Stage 1 77
Other Breached - Stage 2 77
Stage 3 Breach 78
Terminating Membership 78
Criminal Convictions 79
DEFINITIONS
Caretaker
A person approved by the Co-operative who is temporarily living in and taking care of a property while the Non Member Tenant or Member Tenant is absent for a period up to 12 months.
CHO
Community Housing Organisation – a registered housing co-operative or housing association.
CPG
Community Partnerships and Growth – the South Australian Government department which funds and regulates CHOs.
Dependent Children
Refer CPG’s Rent Policy.
Extra Person
A resident of the household, other than a Non Member Tenant, Member Tenant or their dependent child aged less than 18 years, who lives at the address with the permission of both the Tenant and the Co-operative.
Member Tenant
A person who is a member of a Housing Co-operative and has a Periodic Tenancy Agreement with that Co-operative.
Non Member Tenant
A person who has a current Fixed Term Tenancy Agreement with a Housing Co-operative.
Tenant
A person who has a current Tenancy Agreement with the Co-operative.
Principal Registrant (Registrant)
A person who has lodged a Registration of Interest form and whose name is on the Community Housing Customer Register (CHCR).
Visitor
A person who has their own residential address separate from the address which they are currently visiting and who intends to return to reside in that property. (Refer to CPG’s current Rent Policy for the definition of a person who does not have their own residential address.)
PRINCIPLES OF CO-OPERATION
These are the internationally recognised principles we seek to put into practice in the management of our Co-operative.1st Principle: Voluntary and Open Membership
Co-operatives are voluntary organisations, open to all persons able to use their services and willing to accept the responsibilities of membership, without gender, social, racial, political or religious discrimination.
2nd Principle: Democratic Member Control
Co-operatives are democratic organisations controlled by their members, who actively participate in setting their policies and making decisions. Men and women serving as elected representatives are accountable to the membership. In primary co-operatives members have equal voting rights (one member, one vote) and co-operatives at other levels are also organised in a democratic manner.
3rd Principle: Member Economic Participation
Members contribute equitably to, and democratically control, the capital of their co-operative. At least part of that capital is usually the common property of the co-operative. Members usually receive limited compensation, if any, on capital subscribed as a condition of membership. Members allocate surpluses for any or all of the following purposes: developing their co-operative, possibly by setting up reserves, part of which at least would be indivisible; benefiting members in proportion to their transactions with the co-operative; and supporting other activities approved by the membership.
4th Principle: Autonomy and Independence
Co-operatives are autonomous, self-help organisations controlled by their members. If they enter to agreements with other organisations, including governments, or raise capital from external sources, they do so on terms that ensure democratic control by their members and maintain their co-operative autonomy.
5th Principle: Education, Training and Information
Co-operatives provide education and training for their members, elected representatives, managers, and employees so they can contribute effectively to the development of their co-operatives. They inform the general public - particularly young people and opinion leaders - about the nature and benefits of co-operation.
6th Principle: Co-operation among Co-operatives
Co-operatives serve their members most effectively and strengthen the co-operative movement by working together through local, national, regional and international structures.
7th Principle: Concern for Community
Co-operatives work for the sustainable development of their communities through policies approved by their members.
GOVERNANCE & ORGANISATION MANAGEMENT
Reference
· South Australian Co-operative and Community Housing Act 1991
· South Australian Co-operative and Community Housing (General) Regulations 2007
· National Community Housing Standards 2010
· Co-operative’s Rules
· Co-operative/CPG Funding Agreement
Code of Conduct
The Co-operative’s Code of Conduct is based on the following principles:
· the Co-operative requires compliance with all laws and with its own policies and procedures
· the Co-operative is committed to promoting respectful, honest and ethical conduct by its Tenants and Members
· the Co-operative believes that respectful, honest and ethical conduct is paramount and builds trust between the Co-operative’s Tenants and Members and the organisations and agencies it deals with.
The Co-operative’s Code of Conduct sets the minimum requirements of behaviour for Tenants and Members in relation to their dealings with each other and the activities or business of the Co-operative.
Except in the case of accidental mistakes, ignorance, or extenuating circumstances, there will be no exceptions to the application of this Code.
Tenants and Members must act lawfully, honestly and exercise a reasonable degree of care and diligence in all their dealings with the Co-operative.
Tenants and Members must treat each other with dignity, respect, sensitivity and fairness.
Tenants and Members must conduct themselves in a manner that most people would find reasonable and that does not interfere with other people’s safety or enjoyment.
Specifically, Tenants and Members must avoid conduct that:
· breaches any laws or regulations
·
· breaches the Co-operative’s Rules, Bylaws, Policies or this Code of Conduct
· damages the reputation of the Co-operative
· is an abuse of power or authority
· causes, comprises or involves intimidation, harassment or abuse
· causes, comprises or involves discrimination, disadvantage or unfair treatment of others.
For Non Member Tenants a suspected breach of the Code of Conduct will be investigated in accordance with the Breach of Membership Obligations Policy and may result in membership being refused.
For Members Tenants, a suspected breach of the Code of Conduct will be investigated in accordance with the Breach of Membership Obligations Policy.
Ethical Decision Making
Members must take all relevant facts known to them (or that they should be reasonably aware of) into consideration and have regard to the particular merits of each situation when making decisions that affect the business of the Co-operative.
If a Member is unsure about the ethics around an action or decision they are about to take, they should consider these four points:
1. Is the conduct or decision lawful?
2. Is the conduct or decision consistent with the Rules, Bylaws and Policies of the Co-operative and with the Co-operative’s Code of Conduct?
3. What will the outcome be for the Co-operative and any other parties? Do these outcomes raise a conflict of interest or lead to private gain or loss at the Co-operative’s expense?
4. Can the conduct or decision be justified in terms of the Co-operative’s best interests and would the conduct or decision withstand public scrutiny?
Members have the right to question any proposal, decision or action which they think may be unlawful or unethical. If they are uncertain about whether a proposal, decision or action might be unlawful or unethical, they are expected to seek further advice.
Code of Governance
We will provide good governance and leadership by understanding our role. Members of the Management Committee will understand their role and responsibilities collectively and individually in relation to:
· their legal duties
· their stewardship of assets
· the provisions of the Rules and Policies
· the external environment
· the total structure of the organisation
· setting and safeguarding the vision, values and reputation of the organisation
· overseeing the work of the organisation
· managing and supporting Officers and Coordinators.
We will provide good governance and leadership by ensuring we meet our purpose. The Management Committee will ensure that we achieve our objectives by:
· ensuring those objectives remain relevant and valid
· developing and adopting long terms plans
· adopting medium terms plans and budgets
· monitoring progress and spending against plans and budget
· reviewing and/or amending plans and budgets as appropriate.
We will provide good governance and leadership by working effectively both as individuals and as a team. The Management Committee will have a range of appropriate policies and procedures, knowledge, attitudes and behaviours to enable both individuals and the Management Committee to work effectively. These will include:
· finding and recruiting tenants/members to meet the organisation’s changing needs in relation to skills, experience and diversity
· providing suitable induction for new Management Committee members
· providing all Management Committee members with opportunities for training and development according to their needs.
We will provide good governance and leadership by exercising effective control. As the accountable body, the Management Committee will ensure that:
· we understand and comply with all relevant legal and regulatory requirements
· we have good internal financial and management controls
· we regularly identify and review the major risks to which the organisation is exposed and has systems to manage those risks
· delegations to Subcommittees, Office Bearers, Coordinators and Service Providers work effectively and the use of delegated authority is properly supervised.
We will provide good governance and leadership by behaving with integrity. The Management Committee will:
· safeguard and promote the organisation’s reputation
· act according to high ethical standards
· identify, understand and manage conflicts of interest and loyalty
· maintain independence of decision making.
We will provide good governance and leadership by being open and accountable. The Management Committee will lead the organisation in being open and accountable, both internally and externally. This will include:
· open communications, informing people about our organisation and its work