QUICK LINKS
At Prince Henry, all owners are part of a community scheme known as The Prince Henry at Little Bay Community Association DP270427 (PHCA). The NSW government established the PHCA recognising the site’s cultural and heritage significance.
The PHCA operates in a similar way to an owners’ corporation or strata scheme for an apartment block. It oversees the management of broader ‘whole of project’ objectives and initiatives that benefit all of its members. The Community Land Management Act 2021 (NSW) is the legislation that governs community schemes.
It’s important to note that all Prince Henry residents, both owners and renters, have signed up to membership of the PHCA and to observe the by-laws via their contract for sale or rental lease document.
The PHCA enters into agreements for services and responsibilities in accordance with its Prince Henry at Little Bay Community Management Statement, including certain landscaping that is not the responsibility of specific Lot owners, Council or Crown Land. The PHCA’s only asset (common property) is Lot 1. Located at 9S Jenner Street, Lot 1 contains the building that was built to house the communications equipment. The PHCA is responsible for managing Lot 1.
The PHCA, together with the relevant consent authority (if required), is responsible for upholding the Prince Henry Design Principles, which is a concise overview of the more detailed Prince Henry Design Guidelines established as part of the original Master Plan. Proposed alterations or additions to completed buildings or developments, for example colour changes, signage, transmitting or receiving devices, solar panels, screens, pergolas and awnings, must be submitted to the PHCA for consideration before applying to the relevant consent authority, where required, for approval to proceed. The PHCA is also responsible for ensuring strata schemes, neighbourhood associations and individual Lot owners maintain their lots to a reasonable standard and observe the by-laws.
The Prince Henry at Little Bay Community Management Statement is a key document containing by-laws, plans and other information that details the way in which our specific community scheme operates.
The following structure chart illustrates the various entities that comprise the PHCA:
PHCA levies are in addition to council rates. They cover, in the main, the maintenance of those common areas that have been designated PHCA responsibility. These levies are used for maintaining some walkways and some roadside nature strips that are not Council or Trust responsibility.
The PHCA’s annual budget covers mainly administration, landscaping, and insurance costs. PHCA lot owners pay levies, generally via strata schemes and neighbourhood associations, to meet the PHCA’s budgetary requirements.
The PHCA managing agent arranges insurance through its broker on behalf of the PHCA. The following note clarifies the PHCA’s insurance requirements and responsibility:
‘The Community Association must effect an insurance policy which complies with the Community Land Management Act 1989. The policy is required to cover only the Community Association’s Property, Liability and ancillary exposures.
‘No cover is provided for the individual members. All members forming part of the Community Association are responsible for effecting and maintaining their own insurance policy, covering their property and liability outside the Community Association.
‘Each owner should undertake their own enquiries with their insurance adviser, to ensure their interests and assets are adequately protected.’
As you may know, the PHCA comprises several strata schemes, neighbourhood associations, and individual owners.
The following information does not constitute advice, merely suggestions from the web team:
If your dwelling is part of a Strata Scheme, as well as speaking with your insurance adviser, you could also contact your Body Corporate or Managing Agent if you have any questions.
If your dwelling is part of a Neighbourhood Association, as well as speaking with your insurance adviser, you could also contact your NA Executive Committee or Managing Agent if you have any questions.
Individual lot owners are those that are not members of a neighbourhood association or strata scheme, and would generally be responsible for arranging their own insurances. You should speak with your insurance adviser regarding your insurance requirements.
For a full explanation of landscaping and verge maintenance responsibilities, go to the Report a problem page.
An elected Association Committee (AC) with a maximum of nine members comprises a combination of nominated representatives from our various lot owners, which may include strata schemes, neighbourhood associations, and individual lot owners. All AC members are volunteers.
AC members appoint a chairperson, secretary and treasurer. To view the responsibilities of the chairperson, secretary and treasurer, go to the Association Committee page.
The Prince Henry at Little Bay Community Management Statement (CMS) is the policy document which ensures the NSW Government’s Prince Henry Master Plan vision is delivered, and its integrity is maintained now and into the future.
The AC’s role is to ensure the By-laws contained in the CMS are upheld by all Prince Henry residents.
It’s important to note that, at Association Committee meetings, AC members do not merely represent the interests of their own strata scheme, neighbourhood association or individual lot, decisions made are based on what is considered to be in the best interests of the PHCA as a whole.
Issues affecting the PHCA are deliberated upon by the AC, with a decision made by the AC treated as a decision made by the PHCA.
The PHCA Managing Agent assists with administration and compliance with the Act.
Association Committee meetings are held at regular intervals – generally every two months. Go to the Association Committee page for dates and locations for upcoming Association Committee meetings.
All lot owners or their nominees are entitled to attend Association Committee meetings but may address the meeting only if invited to do so by the committee. On occasion, individuals have been disappointed when attending meetings because they were not permitted to air their views and/or concerns. Some of these concerns may be issues that could have been resolved at strata scheme or neighbourhood association level, or in the case of individual lot owners, direct with another party (Council, builder, developer, neighbour, etc.).
Anyone permitted to vote at a general meeting may submit a motion for inclusion in a meeting agenda. If you are not permitted to vote at
a general meeting and you wish a motion to be included in an EC meeting agenda, please consider the following:
Contact your strata scheme managing agent, or owners corporation to consider putting the matter to the PHCA.
Contact your neighbourhood association managing agent or owners corporation to consider putting the matter to the PHCA.
Email or write to the PHCA Managing Agent outlining the detail of the motion you wish to include in the agenda. The PHCA Managing Agent will either respond to you directly, or will raise your issue with the Association Committee for consideration.
Make sure you stay informed on meeting dates for your strata scheme or neighbourhood association. To join the Executive Committee of your strata scheme or neighbourhood association, turn up to its AGM and nominate yourself. Individual lot owners can nominate themselves for a seat on the PHCA Associaiton Committee.
PHCA Association Committee meetings are held every two months. Your strata scheme or neighbourhood association will always be informed in advance of scheduled meeting dates or you can check the Association Committee web page. Individual lot owners who’ve provided contact details will also receive PHCA information. All lot owners are entitled to attend PHCA Association Committee meetings as observers, but may speak only if invited to do so by the Association Committee.
It’s very important to note that to vote at a general meeting you must be ‘financial’. This means, whether a strata scheme, neighbourhood association or individual owner, PHCA levies and any accrued interest must be paid up to date.
It’s also important to note that to nominate for a seat on the PHCA Association Committee, the correct process must be followed. And so, we’ve compiled this Q & A to provide the information you’ll need.
If you have additional questions on the nomination process, please contact your strata scheme or neighbourhood association managing agent. Individual owners not included in a strata scheme or neighbourhood association with questions should contact the PHCA Managing Agent.
If your property is part of a strata scheme or neighbourhood association, your owners corporation or neighbourhood association may appoint you as their candidate for election to the PHCA Association Committee. If your property is not part of a strata scheme or neighbourhood association, you may nominate yourself.
The owners corporation, at a general meeting, may by ordinary resolution appoint a representative as its candidate for election to the PHCA Association Committee
The neighbourhood association, at a general meeting, may by ordinary resolution appoint a representative as its candidate for election to the PHCA Association Committee.
If your property is not part of a strata scheme or neighbourhood association you may nominate yourself for election to the PHCA Association Committee at the PHCA’s Annual General Meeting.
However, if the lot is owned jointly you may be nominated only by:
The following limitations apply:
If the lot is owned in a company name, that company may appoint a company nominee to represent it at a general meeting. Alternatively, the company may appoint a proxy. However, that proxy cannot nominate a person to stand for election to the Association Committee unless they have written instructions and written consent from the nominee accepting the nomination.
Company nominees must be registered on the community roll (maintained by the PHCA Managing Agent). If a company nominee is not registered it cannot be accepted.S
The number of members of the Association Committee is restricted to a maximum of nine positions, with the meeting setting the number at each Annual General Meeting to a number between one and nine. If there are more nominations than positions, the meeting will be asked to vote on the appointments by ballot, electing the new Association Committee. The Act does not allow a poll to be called to consider this motion.
It’s important to note that to be entitled to vote at a general meeting, a strata scheme, neighbourhood association or individual lot owner must be ‘financial’. This means that all levies and associated fees must be paid in full before the general meeting begins.
Any person entitled to vote at a general meeting may request a motion be included on the agenda by providing written notice to the PHCA Managing Agent. If your strata scheme or neighbourhood association is not, or you, as an individual lot owner, are not a member of the PHCA Association Committee, the following process must be followed to enable each entity to exercise its vote entitlement at a general meeting.
A strata scheme may appoint a proxy to act on its behalf at general meetings. The appointment of a strata scheme’s proxy is made by the owners corporation at a general meeting or by its executive committee at an executive committee meeting. A proxy form must be completed and the strata scheme’s common seal must be affixed. A valid proxy must be provided before the meeting and, if required, evidence of the above resolution.
A neighbourhood association may appoint a proxy to act on its
behalf at general meetings. The appointment of the neighbourhood association’s proxy is made by the neighbourhood association at a general meeting or by its executive committee at an executive committee meeting.A proxy form must be completed and the neighbourhood association’s common seal must be affixed. A valid proxy must be provided before the meeting and if necessary evidence of the above resolution.
An individual lot owner may attend meetings in their own right and may vote on all matters.
If the lot is owned in a company name, the company may appoint a company nominee to represent it at a general meeting. Alternatively, the company may appoint a proxy. However, the proxy may not nominate a person to stand for election to the PHCA Association Committee unless they have written instructions and written consent from the nominee accepting the nomination.
Company nominees must be registered on the community roll (maintained by the PHCA Managing Agent). if a company nominee is not registered it cannot be accepted.
After the PHCA AGM it is usual that an Association Committee meeting is held to consider the appointment of the office bearers (Chair, Treasurer, Secretary). At this meeting members of the Association Committee will be asked to nominate to fill these positions. If a vote is necessary (there being two or more nominations) the Association Committee will vote on the appointment/s.
Any person entitled to vote at a general meeting can request a motion be included in the agenda by providing written notice to the PHCA Managing Agent. All owners, nominees of corporate owners, and owners of lots in a subsidiary scheme are encouraged to attend general meetings but may address the meeting only if the Association Committee agrees.
Contact your strata scheme or neighbourhood association managing agent to confirm the date of the next AGM. If you’re not a member of a strata scheme or neighbourhood association, you should email the PHCA Managing Agent direct.
Complete your details below to receive updates and keep in touch with Community News.
© 2023 Prince Henry at Little Bay •
© 2022 Prince Henry at Little Bay