MANDALA PTY LTD
ACN: 009 938 792
BY-LAWS
1. INTRODUCTION
Compliance with the By-laws is a requirement of clause 12.1(e) of the Mandala Pty Ltd Licence to Occupy.
The By-laws relate only to Common Areas and Assets.
The Management Committee on 16th June 2007 approved these by-laws in accordance with the Constitution of Mandala Pty Ltd.
2. COMMON AREAS
2.1 Definition
The Common Areas are all areas of the Lot other than Licenced Homesites.
2.2 Access to All Shareholders
All shareholders and their invitees, subject to these By-laws, have access to all Common Areas.
2.3 Land Use Zones
The Management Committee may zone areas of Common Land for particular uses and will decide how all areas of all zones are to be managed. Shareholders must comply with these use and management decisions.
Zones may include but not be limited to: grazing, horticulture, conservation – including riparian areas; community centre; land care etc
2.4 Grazing Areas
Cattle, Horses and other grazing animals owned by shareholders may, by permission of the Management Committee, graze Common Land areas zoned for grazing.
Individual shareholders may not assume a right to graze animals, nor may they assume the right to permanent use of any particular part of the grazing zones.
The Management Committee will make all grazing zone land management decisions, including the placement of animals within grazing zones and the intensity of grazing. This may mean that the total population of grazing animals will be limited and/or rationed.
All shareholders, tenants and their guests may access areas occupied by grazing animals. Stock must not be disturbed, water supplies must not be tampered with, and gates must be left closed or open as found.
2.5 Horticultural Activity Areas
Parts of the Common Area may be zoned for the use by individual shareholders for horticultural or hobby farming activities by permission of the Management Committee and under any conditions it may impose.
2.6 Charges for Use of Common Areas
Agistment fees, rents or other charges may be imposed upon shareholders for their personal use of the grazing or horticulture zones of the Common Areas.
2.7 Use of Common Areas by Visiting Groups
The use of any parts of the Common Areas by visiting organisations or other groups which might include individuals other than family or personal friends of shareholders may be permitted by the Management Committee.
Camping will be permitted only in the Community Centre zone.
Fees may be imposed on visiting groups using any parts of the Common Areas.
Visiting Groups will be required to ascertain and adhere to any current local fire restrictions and will be required to leave their camping site as they found it, including the removal of all rubbish.
The Visiting Group/s will report to a member of the Management Committee any incidents, for example, fire incident, or damage to Common Assets.
2.8 Trees in Common Areas
Shareholders may take fallen branches and dead trees for firewood etc from Common Areas.
Living trees may be cut only by permission of the Management Committee.
2.9 Fences and Gates
Fences and gates within or enclosing grazing and other zones of the Common Areas and perimeter fences and gates for The Lot, may not be removed or modified without the permission of the Management Committee.
2.10 Slashing or Mowing of Common Areas
Shareholders may, by permission of the Management Committee, slash or mow suitable parts of the Common Areas for fire protection of their homesites and/or to harvest grass for garden mulch and/or to provide walking tracks etc.
2.11 Dogs and Cats
Dogs, when in the Common Areas, must be controlled on a lead. Cats are not permitted in Common Areas.
2.12 Illegal Activities
Shareholders, their tenants and invitees shall not use any part of the Common Area for illegal activities.
3. COMMON ASSETS
3.1 Tractor and other Machinery
The tractor and other Company-owned items of equipment are available for the personal use of shareholders. Hire charges may be imposed by the Management Committee.
Shareholders must record their usage in the manner required.
Shareholders whose accounts are deemed delinquent may be denied access to hire.
Tenants and invitees of shareholders must not use the tractor or operate other Company owned equipment.
3.2 Mandala Domestic Water System
All homesites may connect to the Mandala Domestic Water System.
The system may also be used for stock watering in the grazing areas.
The system is not to be used for purposes which may require a license, such as commercial or large scale cropping.
The Management Committee may impose charges for connection and usage in order to cover expenses and finance improvements to the system and may charge a maintenance levy whether a shareholder is connected to the system or not.
Each home site is permitted one point of access to a main pipeline.
Garden watering, tank filling, household use etc is to be done with a hose or pipe of no greater than 13mm diameter.
3.3 Community Centre Facilities
Events involving organisations or groups which include individuals other than family or personal friends of shareholders may occur, with Management Committee permission, in the Community Centre area. The Company may charge a fee to such organisations or groups.
The use of the Community Centre zoned areas for camping is allowed by permission of the Management Committee. The Company may charge camping fees. (Refer to by-law 2.7 above)
The Community Centre, its buildings and facilities are otherwise freely available for the use of shareholders and their invitees.
3.4 Footbridges
Shareholders, tenants and guests will comply with the safety recommendation of no more than three people on a bridge at one time.
3.5 Paths and Driveways
Shareholders are permitted one driveway per homesite across common land.
4. BEHAVIOUR RELATED BY-LAWS
4.1 Firearms
No firearms or other weapons, as defined by the Weapons Act 1990, are permitted on Common Areas unless approved by the Management Committee for feral animal control.
4.2 Wildlife
Wildlife and native fauna are to be treated with care and respect, and in accordance with any relevant legislation regarding their protection.
4.3 Flora, soil, rocks and gravel
Shareholders and tenants are not permitted to carry out any activities without Management Committee permission which may disturb or alter any existing habitat; eg planting/installing or removal of plants, soil, rocks or gravel.
4.4 Nude bathing
Should a shareholder, tenant or guest choose to bathe nude they should do so with respect and discretion.
4.5 Fire protection
Fires are not permitted on common land at any time, unless in an area designated for fire or in certain circumstances, as agreed by the Management Committee.
In case of emergency, the emergency fire procedures are to be activated.
The emergency fire procedures and contact details are displayed in the Meeting Room.
The Meeting Room is the designated control centre.
4.6 Speaking and writing on behalf of Mandala
Only the Management Committee, or its appointed delegate, may speak or write on behalf of the Company.
4.7 General behaviour
Shareholders, tenants and visitors shall not engage in any behaviour that causes concern, fear or nuisance to others.
The Management Committee will determine what constitutes an unacceptable behaviour.
5. COMPLIANCE WITH BY-LAWS
All shareholders, tenants and invitees must comply with the by-laws. It is the responsibility of shareholders to inform their tenants and guests of the By-laws, and to encourage their compliance.
It is the responsibility of the Management Committee, or its appointed delegate, to inform other Visiting Groups of the by-laws and to ensure such compliance. (see sub-clause 2.7 relating to Visiting Groups)
If an issue of non-compliance is brought to the attention of the Management Committee, the Management Committee reserves the right to determine the appropriate course of action.