October 19

Acacia Ponds Paper

October 2019

WHALE watching time on the Sapphire Coast, part of the whale migration super highway

A lifestyle village for the young at heart

FROM THE MANAGERS DESK

Hi everyone. It’s been a very busy couple of months, but at least the days are getting longer and warmer. I know it’s a duplication, however, in an effort to ensure the entire village is brought up to date regarding the Public Liability Insurance and the Residents Commit- tee, I have again copied “Incorporating your Residents Association” into the pages fol- lowing this. Over the past four or more months I have been in consultation with a storm water miti- gation specialist to evaluate the possible solutions around the retention of storm water between the homes 104 to 109. As might be expected, there is no easy solution. Any course taken will involve surveys, council planning and approval, major earth works, and disruption to everyday life for those residents. That said, we are moving forward and via my Monthly Managers report I will keep you up to-date as things progress, so watch this space! Late September or early October, depending on the weather, we have contractors booked to trim the large trees on the entrance road to the village. This work is being undertaken for safety reasons as the strong winds we experience from time to time are leaving branches lying on the roadway, and with a hot dry summer on the way, their current state could be a fire hazard. Traffic Controls will be in place, so please be careful when driving in and out of the village and follow instructions from the controllers. Community Hall: we are aware that some groups are failing to clean up after their activi- ties in the Hall. If you, or your group use the hall, we would appreciate you leaving it in a state that you would want to find it. We do have Ben check the supplies and the cleanli- ness from time to time and recently he has cleaned the air con filters, and the ceiling fans. Welcome home to Peter & Di, Warwick & Noleen, John & Junita, time to relax and un- wind after all the stress of your holidays. Welcome home too, Evelyn, David and Alf after some time away with trying health is- sues.

Thanks for everyone’s contributions, if anyone has anything they would like to contrib- ute to the Acacia Ponds Newsletter then feel free to Email it to info@acaciaponds.com.au

David & Vicki

Incorporating Your Residents Association The following information is provided for the benefit of residents of villages within the Hampshire Property Group portfolio and explains Hampshire’s desire that residents es- tablish incorporated associations to control resident initiated activities and likewise ex- plains our request that such incorporated associations take out insurance cover. From the outset it should be noted that there is no requirement contained within the Res- idential Parks Act for residents to establish an incorporated association or that they take out insurance cover. Residents are generally free, within the confines of the Act, to deter- mine whether they wish to have a Residents Committee and or a Liaison Committee. Notwithstanding that the Residential Parks Act is silent on the need or desirability of es- tablishing an incorporated association of residents, it is in our view best practice and is therefore encouraged. It should be noted that the incorporation of a resident’s association does not restrict resi- dent’s ability to continue to have a separate Residents Committee or resident representa- tives on a Liaison Committee, if they wish. As a matter of practice, we would expect that residents will elect/ or their elected officers will appoint representatives to the Liaison Committee but that any functions of a Residents Committee would be undertaken by the elected Board of the incorporated Residents Association. There are a number of reasons why residents should incorporate a residents association under the Associations Incorporation Act 1981, rather than merely relying upon those provisions of the Residential Parks Act and Residential Parks Regulations governing the establishment and operation of a Residents Committee and or a Liaison Committee. Incorporation of an association establishes an organisation as a legal entity in its own right, separate from its individual members and its officers. Incorporation helps to: protect individual members and officers of the residents association from the debts and liabilities of the association; ensure that property purchased by residents for the use of village residents, continues to be available for use by residents despite subsequent changes to the association’s membership; and clarify the binding rules of the association, including mandating requirements for qual- ifying as a member, timing of regular resident meetings, the provision of access to information including minutes and financial accounts and the manner of periodical- ly electing a Board or leadership committee for the association. In our experience, unincorporated associations of residents often do not adequately ad- dress the ongoing rules of the association and the relationship of members and their committee. There is a great deal of uncertainty as to how unincorporated resident associ- ations should operate and significant question marks as to how property of the unincor- porated association Why should you incorporate a residents association?

should be dealt with in the future. The Residential Parks Act offers no assistance in that regard. In addition, we have had complaints from residents in a number of our villages that exist- ing committees of unincorporated associations are not truly representative, that resident meetings have not been held or have been too infrequent, that election practices have been unfair and that there is little transparency or accountability. Where the issues above reflect the operations of unincorporated associations and their resident committees, residents have advised they feel disenfranchised and fewer and few- er residents see the value in such bodies or the utility in attending meetings which don’t follow protocols and are not well run. The most significant disadvantage of unincorporated resident associations, be they an in- dividual activity group like a “Men’s Shed” or a wider resident body which covers a range of activities, is that the organisers/committee of these activities groups and to a lesser ex- tent their membership are potentially liable to be sued, if an individual is injured as a con- sequence of the resident activities organised by the unincorporated association. Hampshire entities are not seeking to avoid their legal obligation to provide safe facilities and to have their own insurance for the benefit of residents and other persons injured whilst using such facilities. If a resident or a visitor is injured as a consequence of the condition of a common area or communal facilities within the village, then such residents and visitors are not prevented from taking action against the relevant Hampshire entity. Hampshire entities have historically received many requests from resident groups to pro- vide support, including financial support or provision of new facilities, so that residents may carry out an increasing range of activities within the villages. It should be noted that the vast majority of these are resident initiated and resident organised activities and the village operator has no involvement, other than making an area or facility available to the resident group organising the activity. As the number of residents and the number of activities have increased within villages, Hampshire has recognised that there is some risk to resident organisers and resident and non-resident participants in carrying out such activities. Hampshire have therefore en- couraged incorporation and sought to impose a condition of insurance cover as part of our agreement to provide financial and non-financial support. Are Hampshire entities trying to avoid their legal obligations by re- quiring the incorporated association to be insured?

When residents associations have been incorporated, Hampshire entities have provided sufficient financial support to cover the establishment and insurance costs for the in- corporated resident association, plus additional resources to support a range of resi- dent activities. This requirement is designed to ensure that residents and visitors will not seek to sue other individual residents for any injury caused by undertaking an activity organised by that other resident. We believe that it would be detrimental to all concerned if an inju- ry arose and there was no insurance cover available for the protection of the organiser and the injured party. EXAMPLE There are a number of hypothetical examples which could be given to explain our ra- tionale. The most glaring example is the recent request in a number of our villages to offer support for the creation of so-called “Men’s Sheds”. We applaud the desire of village residents to establish an activity where they can spend time together and share their skills and undertake woodworking, metal working and engineering type projects. As the village owner we are generally happy to provide a new facility, for example a shed, and are happy to ensure that the shed is of safe construction. However, the equipment and tools within a Men’s Shed would generally the property of that group. The shed should be open for the use of all residents to use, as a condition of making the premises available, however, the access and activity carried on in that shed are un- der the control of the resident group and not the village operator. If a resident joined the group and accessed the shed but was injured whilst using tools owned by the “Men’s Shed” group and the organisers of that group had failed to en- sure that the tools were safe for use and that the relevant resident was trained on their use, then the organisers of that activity (ie. The Men’s Shed Committee) could individu- ally and collectively be liable to compensate the resident for the injury. In such a cir- cumstance the village operator would not be liable for the injury and none of the af- fected person(s) would have the benefit of the village operators insurance. If the Men’s Shed is part of an incorporated resident’s association and was covered by insurance, then in the circumstances above, the injured party would sue the incorpo- rated resident’s association rather than fellow residents, and in all likelihood would re- ceive compensation from the insurer rather than from fellow residents. If we look at a different scenario involving the same group, we can see the further ben- efit of incorporation. If the Men’s Shed was not incorporated, had no real membership rules and the founders raised funds to purchase equipment and tools and over a period of years, who would own the equipment if the membership significantly increased and the last few of the founders wanted to leave and take the equipment with them which they had purchased? Incorporation avoids that uncertainty, as the incorporated entity would own the property in perpetuity.

GENERAL NEWS & EVENTS CONT

Canberra family turning bottle caps into plastic hands and arms for children

By Elle Conway

Updated 28 Jun 2019, 9:53am

I am collecting plastic bottle caps for the above cause, so before throwing the bottles away, can you keep the caps so I can start up a collection. You can drop them off at my place (No: 46) or I can come and collect them from you. We have Imlay house helping with this cause and many other organisations around the local area. Your support would be greatly appreciated, especially those children who will be the recipients of the prosthetic hands and arms. Any plastic lid is acceptable.

Cheers Julie Walker – Unit 46

GENERAL NEWS & EVENTS CONT

The whale season is here! As threatened last month, here are some photos of the cruise I went on with True Blue. Of course, the day I went out was the day after a thrilling spectacle of crashing whales, feeding seals, diving Albatross and cavorting Dolphins. ☺ ☺ However, it’s always a great day out with the crew from Merimbula Marina. If you haven’t been on a cruise, why not give it a go, it’s a wonderful couple of hours spent on the water.

A whale of a wave to Mt Imlay

A smiling Dolphin

The obligatory Whale Tail

GENERAL NEWS & EVENTS CONT

As a part of Tathra Rockabilly week, the vintage car and van show at Hobb’s Corner was a great success..

Open air motoring

Nice very nice van made from an EK wagon

The obligatory Harley

AP Social Club

The Social Club has had a few successful events during August and September.

Public Liability Insurance is now in place - the volunteers and residents who attend Social Club functions in the Community Hall, are now covered. There will be some changes as to how the kitchen is run, this is to keep in line with the requirements of the Insurance Policy guidelines. Happy Hour continues once a month, a great chance to catch up with friends and meet new people. There have been some minor changes in the presentation of Happy Hour, this in no way affects the congeniality of the night. Drinks and nibbles are provided, if you'd like a more substantial meal, feel free to bring along a plate for your table. Bingo is always popular, with the Jackpot now standing at $50. The Father's Day breakfast went well, with all the men enjoying a cooked breakfast and the morning off.

Dates for your Dairy: September 12th; Bingo 1.30pm start September 27th: Happy Hour 5pm start $Free

October 5th: Bingo October 13th: Breakfast $5 members, $8 non-members October 18th: U3A Music Presentation / Happy Hour 4pm $Free October 19th: Bingo 1.30pm start

At the next Committee meeting, we will discuss upcoming events such as an Open Day, Melbourne Cup Lunch.

Hope to see you at a Social Club function soon

Jan Wells Secretary Acacia Ponds Social Club

LIBRARY NEWS OCTOBER 2019

How quickly the months fly by! It always seems like I only just finished last News Letter and now it's time to fill you with the latest. I'm sure you all find, for whatever reason - “just where has that time gone?! Let's just hope that although we have enjoyed the excuse that it's too cold to go outside to do things - “I'll just read a while longer” You will now just be so longing for Spring, warmer weather, trips to the Nursery and getting into the garden. How delightful to be having a rainy day as I write this. Don't forget to look in the Non-fiction section for your gardening books. On the Island shelving, left hand side look for the bold heading GARDENING. I asked in last Newsletter, if any of our book donors would like to reveal their anonymity to us so we could acknowledge their generosity in sharing their, no longer required novels, with us by popular authors and in such good condition. I know how much they are appreciated, and I can now reveal that many of these more recently received have come from Judy Davidson and also from David Lee who admits to being an avid reader when time permits! Many thanks guys - and to all donors of well looked after books. It was therefor quite disheartening to recently, find some donations in the basket which were in a soiled and even quite mouldy condition. Please do what we have had to do and put them straight into the recycling. We are unable to add such material to our collection as we aim to keep the Library in a clean and hygienic state as per all Public Libraries. We can then continue to be proud of our Library. We have had some DVD's left recently to which I would draw your attention, especially if you are caravanners, as they are all covering some great trips, which you may have taken already and can do some reminiscing, or else be inspired to make plans to include these in your travels. These DVD's are displayed on top of the Island shelving, so as not to get too mixed up with all the movies. There have also been some good movie donations left in the basket recently which I have placed in the rotating stand for your perusal – some good, recent movies among them. As there is a new movie out in the Cinemas now, being Downton Abbey, I'm wondering if there are people who would like to recap on the T.V. Series. We have C.D's of Series 1-5 of Downton Abbey. They are on loan at the moment but if you would be interested in watching the 5 let me know and I will reserve all 5 for you when they are returned. Leave a note in my letterbox. On the topic of audio-visual materials, we do have a couple of audio books. Again I would reserve them for you if you pop a note in my mail box. They are the very popular The Rider/ Tim Winton which has 9 discs and runs in total for approx 10 hrs. you do not have a time limit on how long you need, and also popular, Hell Island/Matthew Riley which has 2 discs and runs for 2 hrs 15 mins. HAPPY READING / VIEWING/ LISTENING - WE AIM TO PLEASE ALL!! EAGER READERS WILL MEET ON WEDNESDAY 2ND OCTOBER 10-12noon. WE ARE ALWAYS HAPPY TO WELCOME NEW COMERS WHO WOULD LIKE TO ASSIST WITH OUR PROCESSING OF NEW BOOKS, OR TALK ABOUT A BOOK YOU HAVE READ (FROM OUR LIBRARY) AND FINISH WITH A CUPPA, CAKE

Marlene Knowles #85

BUS NEWS. SEPTEMBER 2019

Hi everyone, WOW how fast is the year going, seems no time since I did the last news letter. Our first first trip for September (2nd) was a craft day outing, to the Candelo Craft Group Friendship Day. This was a show and tell day and was well supported by many craft groups from Eden, Bombala, Merimbula and Cobargo. The Quilts, patchwork, knitting any various craft skills were on show, all just beautiful and there are very talented women out there. Just like to thank the Candelo ladies for making us welcome, such a warm and friendly group. And last but no means least the morning tea/lunch was beautiful. Driver yours truly. On Saturday the 14th was our Mystery trip and we had a full bus. Leaving at 10am our first stop was at Cobargo, there is nearly always some sort of street market going on, however there wasn’t a lot to look at, however this allowed time for some of us to have cuppa. Then it was on to Corunna Picnic ground on the lakes just south of Narooma. Once again the weather was kind to us. Everyone brought something yummy along to eat, in fact there was enough food for two bus loads. For the most part we had the picnic area to ourselves, only a couple of others came in for a short time and one boat that went out fishing. After a pleasant hour or so chatting and soaking up the sun, we headed off to Tilba Tilba, as always there is lots of people visiting. Its always enjoyable looking around the quaint shops, doing a little shopping and a visit to the Tea Pot Cafe for a cup of tea, beautifully served in a fine china tea cup and saucer. Then it was off back to Acacia Ponds arriving home around 3pm. Thanks for Phill for driving. On our way home from the mystery trip one of the topics of conversation was the cruise ship that would be arriving at the new Eden wharf for the very first time on Sunday morning, and as a number of us were planning to make the early morning trip down to see it arrive, I suggested that we could use the bus. Leaving at 7am and arriving just in time to see the Pacific Explorer doing its side manoeuvre into the wharf ,we hang around for a while watching the passenger disembark, then we had breakfast at the wharf , and arrived back at Acacia Ponds around 10-30. We even did a paper stop at the servo on the way home. A very pleasant Sunday morning. Driver yours truly. Up Coming Trips Tuesday October 1st BBQ at Pambula Beach Picnic /BBQ Departing 11.30am Wednesday October 9th Shopping to Batemans Bay Departing 8am Friday October 18th OP-SHOP and Lunch departing 9.30am Friday November 1st Cruise Ship (departure) and Fish&Chips in Eden departing 4.30pm Our Christmas trip to the HUT will be early December date & details to be confirmed asap Just a reminder always let me know if you are unable to go on any trips. Once again trips have been cancelled due to lack of numbers, so looking forward to seeing more people join us on future outing.

Jeanette Deane Bus Coordinator #80 Wattle St. - 0408357654

BUS NEWS. SEPTEMBER 2019 Cont

BUS NEWS. SEPTEMBER 2019 Cont

Pacific Explorer Eden 15 th September

GENERAL NEWS & EVENTS

Rainfall to 19th SEPTEMBER

2019 ACACIA PONDS GARDEN RAINFALL RECORD

DATE JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC DATE 1 20 1 2 0.5 2 3 1 0.5 6 3 4 8.5 4

4

3.5

11.5 1.5

5

3

5

19.5

1.5

0.5

0.5

6

2

6

2.5

9

7

0.5

7

3.5

80

0.5

8

8

0.5

9

5

9

3

10

10

2.5

11

10.5

11

4

tr

12

12

13

0.5

13

2

3.5

14

14

15

4

15

0.5 16.5

2.75

16

16

0.5

26

17

17

1

60

2.5

18

18

5.5

1

19.5

19

19

20

20

3

0.5

21

21

5.5

1 1

22

22

5

0.5

23

23

7

24

24

25

0.5

0.5

25

26

26

0.5

27

1.5

27

1.5

0.25

28

28

29

29

22

22

30

1

30

12.5

31

31

60.5

128 177.5 13.75

20

10.5

15

2.5

9.25

0

0

0

16

9

11

4

5

4

6

4

No.of Days

60.5 188.5 366 379.75 399.75 410.25 425.25 427.75 437

437

437

437

YTD Total

197.5 264 287.5 287.5 328.5 401.25 403.5 421.5 438.5 502 591.5 686.5

Last Year

GENERAL NEWS & EVENTS CONT

Anyone interested in historical aircraft?

The HARS Aviation Museum in Albion Park has one of the largest and most unique collection of aircraft in the Southern Hemisphere housing more than 40 aircraft of historical significance. With over 10,000 square meters of indoor exhibition space the facility allows you to get close to the aircraft and other exhibitions. What will you experience at HARS on a guided tour?

• You will explore Australia’s military and civil aviation history

You will see aircraft restoration in progress,

•

• If you wish, you can sit in the cockpit of the worlds fastest jet bomber. • You may be able to explore the hidden areas of a modern jet airliner • You will enjoy exploring our vast collection of historically significant aircraft.

Connie the Super Constellation at HARS

If you are planning a trip to the Illawarra area in the coming months, give a thought to visiting the HARS Museum.

GENERAL NEWS & EVENTS CONT

GENERAL NEWS & EVENTS CONT

· Hosted by Twyford Hall

MADAG September 2019 Art Exhibition & Sales

Anyone looking to buy cards for any occasion, there is a selection in the office created by Julie.. Only $1 each

GENERAL NEWS & EVENTS CONT

Merimbula and District Art Group (MADAG) presents its 2019 September Art Exhibition and Sales Event. Friday 20 September to Sunday 13 October 2019 Open daily from 10.00 AM to 4.00PM Twyford Hall, 16 Market Street Merimbula Art, crafts and cards for sale.

For more details see: http://www.madag.org.au

Must Quote Acacia Ponds

20% OFF SPRING SPECIAL

at time of booking.

15 Boundary Street PORT MACQUARIE NSW 2444 T: 02 6584 4555

E: info@leisuretouristpark.com.au W: www.leisuretouristpark.com.au

71 Lions Drive MUDGEE NSW 2580 T: 02 6372 1090 E: info@mudgeeholidaypark.com.au W: www.mudgeeholidaypark.com.au 970 Kings Highway NELLIGEN NSW 2536 T: 02 4478 1076 E: relaxing@nelligenpark.com.au W: www.nelligenpark.com.au

2231 Pacific Highway HEATHERBRAE NSW 2324 T: 02 4987 2444

E: info@pacificgardensvillage.com.au W: www.pacificgardensvillage.com.au

21 Macarthur Road ELDERSLIE NSW 2570 T: 02 4658 0485

E: info@poplartouristpark.com.au W: www.poplartouristpark.com.au

250 Canberra Avenue, SYMONSTON ACT 2609 T: 02 6280 6176

E: info@southsidecanberra.com.au W: www.southsidecanberra.com.au

50 Junction Road BARRACK POINT NSW 2528 T: 02 4295 1941

E: info@surfridercaravanpark.com.au W: www.surfridercaravanpark.com.au

Lot 89 Mowamba Place THREDBO VILLAGE NSW 2625 T: 02 6457 6210 E: reservations@houseofullr.com.au W: www.houseofullr.com.au

* Terms & Conditions apply: 2 night minimum, full payment required at time of booking. Subject to availability. Valid 1/9/19—30/11/19 for new bookings only. Not in conjunction with any other offer. No refund on cancellations.

GENERAL NEWS & EVENTS CONT

FILM NIGHT

Thursday 10 th OCTOBER @ 6:30pm

Pete & Di Constable extend an invitation to a

Free screening of a

19 week trip to SA NT & WA.

50 minutes of stunning visuals

set to music (no boring commentators)

Guaranteed to entertain & WOW.

Don't worry about staying home to watch the News;

It'll be the same in the morning.

CALENDAR OCTOBER

Sun

Mon

Tue

Wed

Thu

Fri

Sat

5. . Bingo

1.

2.

3.

4. 9am Tai Chi

6.

7. 9am Line Dancing

8. 7. 1pm Cards

9. 10am Eager Reader

10. 9am Line Dancing 1pm Table tennis 6:30 Movie

11. 9am Tai Chi

12.

1pm Craft

1pm Euchre

13.

14.

15.

16. 1pm Euchre

17. 9am Line Dancing

18. 9am Tai Chi U3A Music Happy Hour

19.

Breakfast

9am Line Dancing

1pm Cards

Bingo

1pm Table

20.

21. 9am Line Dancing

22. 1pm Cards

23. 1pm Euchre

24. 9am Line Dancing

25. 9am Tai Chi

26.

1pm Craft

1pm Table tennis

27.

28.

29. 1pm Cards

30.

31. 9am Line Dancing

9am Line Dancing

1pm Euchre

1pm Table tennis

1pm Craft

GREAT REFERRALS. GREAT REWARDS.

Whoever said “you can pick your friends but not your neighbours” definitely didn’t live in a Hampshire Villages community! We want you to pick your neighbours.

In fact, for each friend or family member you refer to one of our villages we’ll reward you AND them with a $500 VISA GIFT CARD when they purchase a new home. Or if they purchase a pre-loved home you’ll both receive a $150 VISA GIFT CARD . The more referrals you make, the more rewards you get! Simply fill in the below and hand it into the office. We’ll take care of everything else to help them find the home of their dreams at any one of our eight residential villages across NSW, VIC & WA. REFERRED BY (Your details)

Name:

.................................................................................................................

Site #

.................................................................................................................

Phone:

.................................................................................................................

Email:

.................................................................................................................

PROSPECTIVE PURCHASER (Your friend / family member’s details)

Name:

.................................................................................................................

Phone:

.................................................................................................................

Email:

.................................................................................................................

DISCLAIMER: This offer is void if the referral’s purchase agreement is cancelled or this referral form is not presented prior to signed buyer’s purchase agreement.

He l p fu l In forma t i on

Please note Village administration hours! Tuesday Wednesday and Thursday 9 am—12pm

Office contact details Phone: 02 6495 6774 Email: info@acaciaponds.com.au

Recycling hours: 8am to 6pm ONLY

Thinking of selling your home? If you’re considering selling your home, it’s important to understand all the facts before entrusting a selling agent with the task. After all, it’s likely to be one of the biggest financial decisions you’ll ever make.

Here are just some of the benefits of selling your home through us -

• We have a unique understanding of the value of these types of homes and the benefits of living in land lease communities such as ours. • Unlike real estate agents, we are specialists and have a full understanding of the new Residential (Land Lease) Communities Act. • We have an onsite sales office and our team are available 5 days a week for tours of the village and inspections of the houses that we have for sale. • Anecdotal evidence suggests that sales achieved by us are higher than what real estate agents achieve. • You’ll benefit from our significant marketing and promotional efforts. • The new legislation puts various legal obligations on to the vendor and their agent. We will ensure you comply with these requirements. • You won’t have to worry about solicitor fees and we will arrange for a new site agreement for the buyer of your home. • We will ensure a smooth handover of your home to your buyer.

So If relocation plans are in your future, or if you would just like to discuss the opportunities, drop in to the office or give Vicki or Dave a call.

IN THE CASE OF AN EMERGENCY Fire, Police, Ambulance Please Ring 000 OFFICE NUMBER 02 64956774