Agreements

A written agreement between members is essential. It outlines clear rules for everyone to abide by. It is not enough for everyone to be “good natured” because there are often things you cannot predict.

This section is being updated and will be available soon.


 

This agreement is between . . . . . . . . . . . . . . . . . . . . . . . .

and . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

for the use of the land (the Property) at the address

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

A member’s “Land” is their “Share” of the property. A “Neighbor” is member whose “Land” is part of the “Property”. The ownership structure used to divide the ownership will be “Tenancy in common” (see http://dirosalawyers.com.au/joint-tenants-tenants-common/)

 

1. The main purpose of the community is for each member to be able to live however they want, provided they do not harm others (mentally or physically). This purpose is the foundation for all other rules.

 

2. Funds you provide may only be used for the purchase of the property; specifically payment to the property seller, and conveyancing fees. The total cost for the purchase of the property will be split between members as per the below ratios:

Member 1: 50%

Member 2: 50%

The ownership share will be the same ratios.

3. The boundaries of each share will be clearly marked at all times by either a fence or other marker agreed upon by members with adjoining land.

 

4. Although it is your legal right to sell your share at anytime, you agree not to sell your share without the unanimous approval of other members.

 

 

5. If another member is sued or forced to sell their share, the sued member is legally able to force the sale of the Property.

 

 

6. In the event that the property is sold in its entirety, the proceeds from the sale (minus conveyancing and real estate agent fees that are agreed upon by all members, prior to incurring the expense) will be divided as per each member’s share.

 

7. You must comply with laws of the jurisdiction in which the Property exists. If you fail to comply, it is solely your responsibility to ensure compliance.

 

8. You may do anything you want on your share of land, provided that it is legal, and does not significantly negatively impact another member’s happiness, free will or well-being.

 

9. If you cannot resolve a conflict with another member, you agree to both seek the services of an independent mediator. Each member will pay an equal share of mediator fees. You agree to comply with the decision of the mediator, and to consider the matter resolved.

 

10. You agree to let others live however they want. They will do the same for you. You will be respectful of their beliefs, and not attempt to influence them to conform to your beliefs.

 

11. You will maintain your share to be in a reasonable condition. You will not leave significant and visible messes outside your residential structures.

 

12. Unless a shared solution is used, you will safely treat or dispose of human waste and effluent.

 

13. You will take reasonable steps to be considerate of other members.

 

14. You may have any other people visit or reside on your share, although you are responsible for their behavior to abide by these rules.

 

15. If you want any activity or development to take place on your share, you agree to inform other members and discuss any concerns with them before proceeding.

 

16. No guns or projectile weapons are permitted on the Property.

 

17. Pets are permitted on the property provided that:

i. All members unanimously approve of the pet before it is brought to the property, and

ii. The pet is safely contained (ie in backyard or fence)

iii. You are responsible for any mess or damage caused by the pet

 

18. If it is within 20 meters range of another member’s Land, any outdoor use of harmful chemicals must first be approved by the member whose Land is in nearby.

 

19. If you engage in any conduct that significantly and negatively impacts another member’s happiness, free will or well-being, you agree to take reasonable steps that allow you to live however you want, without harming others. If you cannot do this, you agree to sell your share to either other members or another individual which is approved by other members.

 

20. You have no say over the visual appearance of another member’s structures, or anything that may be unappealing to see. You can always discuss the matter with other members. But as a last resort you can plant shrubs or trees for more appealing views.

 

21. If a member dies, the share will automatically become part of the deceased’s estate. Members may negotiate the purchase of the share, although the decision of what to do with the deceased member’s share is not in their control.

 

22. Before you build any structures on your land, or undertake significant developments, you should discuss the matter with your neighbors.

 

23. If there are three or more total shares, members may vote to expel a member from the Property. One vote per share is permitted. If the vote is unanimous (except for the intended expelled member), the expelled member must sell their share and vacate within 12 months of being given written notification of the vote. The voting members will have no right to refuse any new member purchasing the share of the expelled member. If the sale has not occurred in time, the voting members may purchase the share at market price (average of two independent valuations). If this is not accepted by the expelled member, the matter will be resolved by an independent mediator. All parties agree to be bound by the decision of the mediator.

 

24. Each member is required to pay their share of council rates.