Resident Membership Application

NOTE: The following is a summary only of rights and obligations attaching to relevant Classes of Membership in Club Mandalay Limited. Applicants should refer to the Constitution for full details of Membership rights and obligations, and the conditions attaching to each Class of Membership. Members wishing to also become an Owner Golf 5 Day Member, Owner Golf 7 Day Member, Resident Golf 5 Day Member or Resident Golf 7 Day Member must also complete a Golf Membership Form available from the Clubhouse or online at www.clubmandalay.com.au
MEMBERSHIP QUALIFICATION
1. Who is entitled to become a Member?
1.1 General
Only persons who meet the respective
Membership Qualification detailed in Article
1.2 of Schedule 2 of the Constitution will be
eligible to be Members.
1.2 Membership Qualification
The eligibility criteria of the respective Classes of Membership are as follows:
(a) Owner Member/Golf Owner 5 Day Member/Golf Owner 7 Day Member
A person who is, or is entitled to become,
the registered proprietor of a Lot and
a member of the Owners Corporation.
There may only be one of these types of
Membership per Lot. If that person is a
company, that person may nominate a
Nominee to enjoy the rights of the relevant
Member under the Constitution.
(b) Resident Member/Golf Resident 5 Day
Member/Golf Resident 7 Day Member
Any Resident.
Golf Owner 5 Day Members, Golf Owner 7
Day Members, Golf Resident 5 Day Members
and Golf Resident 7 Day Members must also
nominate themselves for one sub-category of
Membership, the eligibility criteria of which
are as follows:
(i) Full
Any Member.
(ii) Senior
A Member over the age of 60 years.
(iii) Junior
A Member under the age of 21 years.
(iv) Family
Any Member, if no more than one other
person over the age of 18 years living with that
Member as a couple on a genuine domestic
basis, irrespective of gender, and one or more
children of that Member are either:
A. Golf Owner 5 Day Members, Golf
Resident 5 Day Members or External
Golf 5 Day Members, if the Member
is a Golf Owner 5 Day Member or
Golf Resident 5 Day Member;
B. Golf Owner 7 Day Members, Golf
Resident 7 Day Members or External
Golf 7 Day Members, if the Member
is a Golf Owner 7 Day Member or
Golf Resident 7 Day Member.
(v) Couple
Any Member living with another person
over the age of 18 years as a couple on a
genuine domestic basis, irrespective of
gender, if that other person is:
A. a Golf Owner 5 Day Member, Golf
Resident 5 Day Member or External
Golf 5 Day Member, if the Member
is a Golf Owner 5 Day Member or
Golf Resident 5 Day Member;
B. a Golf Owner 7 Day Member, Golf
Resident 7 Day Member or External
Golf 7 Day Member, if the Member
is a Golf Owner 7 Day Member or
Golf Resident 7 Day Member.
MEMBERSHIP RIGHTS AND OBLIGATIONS
2. Owner Membership
2.1 Rights of an Owner Member
Facilities
Each Owner Member may use the Facilities.
Meals and Refreshments
Each Owner Member is entitled to meals,
refreshments and privileges as are provided
by the Company for Members, their Guests
and others admitted to the Facilities at prices
determined by the Operator.
Golf
Each Owner Member is entitled to play golf
at the Golf Course 7 days per week, subject
to those restrictions stated in the Constitution,
but must pay green fees applicable to Owner
Members.
Guests
Each Owner Member may invite Guests
to utilise the Facilities (excluding the
gymnasium), subject to limitations and fees
provided for in the Constitution and By-laws
and Rules.
Committees
Each Owner Member is entitled to participate
in any Members Committee or other working
group established by the Company under
the Constitution.
Voting
An Owner Member may vote at any General
Meeting after the Completion Date.
2.2 Obligations of an Owner Member
Each Owner Member:
(a) must ensure that the Facilities are used in
a manner which is not prejudicial to the
interests of other Members or Guests; and
(b) uses the Facilities at their own risk.
3. Golf Owner 5 Day Membership
A Golf Owner 5 Day Member has all the rights
and obligations of an Owner Member including
the right to use the Facilities seven days per
week, except a Golf Owner 5 Day Member:
(a) is only entitled to play golf at the Golf
Course on Monday through to Friday
of each week (inclusive) and not on a
Saturday or Sunday unless the Golf Owner
5 Day Member pays green fees that would
otherwise be applicable to an Owner
Member;
(b) need only pay green fees applicable to Golf
Owner 5 Day Members (if any) to play golf
Monday to Friday.
4. Golf Owner 7 Day Membership
A Golf Owner 7 Day Member has all the rights
and obligations of an Owner Member including
the right to use the Facilities seven days per
week, except a Golf Owner 7 Day Member need
only pay green fees applicable to Golf Owner 7
Day Members (if any).
5. Resident Membership
A Resident Member has all the rights and
obligations of an Owner Member including the
right to use the Facilities seven days per week,
except a Resident Member:
(a) may only invite Guests subject to the
rights of the relevant Owner Member, Golf
Owner 5 Day Member or Golf Owner 7 Day
Member to invite Guests for the Resident
Member’s Lot; and
(b) a Resident Member is not entitled to vote
at any General Meeting of the Company.
6. Golf Resident 5 Day Membership
A Golf Resident 5 Day Member has all the
rights and obligations of a Resident Member
including the right to use the Facilities seven
days per week, except a Golf Resident 5 Day
Member:
(a) is only entitled to play golf at the Golf
Course on Monday through to Friday
of each week (inclusive) and not on a
Saturday or Sunday unless the Golf
Resident 5 Day Member pays green fees
that would otherwise be applicable to a
Resident Member;
(b) need only pay green fees applicable to Golf
Owner 5 Day Members (if any) to play golf
Monday to Friday.
7. Golf Resident 7 Day Membership
A Golf Resident 7 Day Member has all the
rights and obligations of a Resident Member
including the right to use the Facilities seven
days per week, except a Golf Resident 7 Day
Member need only pay green fees applicable
to Golf Resident 7 Day Members (if any).
8. Definitions
In this Application:
“Act” means the Corporations Act 2001
(Commonwealth);
“Board” means all of the Directors for the time
being of the Company or such number of them as
having authority to act for the Company;
“By-laws and Rules” means by-laws and rules
made by the Board;
“Class” means one of the classes of Membership
in the Company;
“Clubhouse” means that part of the Property
used or to be used as the Clubhouse, together with
associated facilities situated on the Property;
“Company” means Club Mandalay Limited;
“Completion Date” means the later of the date upon
which the last Lot is sold by the Developer;
“Constitution” means the Constitution of Club
Mandalay Limited as amended, substituted or
supplemented from time to time;
“Developer” means:
(a) Beveridge Land Pty Ltd ACN 115 838 661;
(b) any Related Body Corporate of Beveridge Land
Pty Ltd ACN 115 838 661; or
(c) any successor of Beveridge Land Pty Ltd ACN
115 838 661;
“Facilities” means facilities constructed by or
on behalf of the Developer for use by Members
and others, and includes, without limitation, the
Clubhouse, Golf Course, tennis courts, swimming
pool, gymnasium, parks and other facilities;
“General Meeting” means any meeting of
Members or of any Class of Members and,
where the context permits, includes an annual
General Meeting;
“Golf Course” means those parts of the Property
used or to be used as a golf course, together with
the associated Facilities situated on the Property,
and includes the Clubhouse;
“Golf Owner 5 Day Member” means a natural
person or incorporated body who is registered as
holding a Golf Owner 5Day Membership;
“Golf Owner 5 Day Membership” means the
Membership of a Golf Owner 5 Day Member having
the rights, privileges and prohibitions specified in
the Constitution;
“Golf Owner 7 Day Member” means a natural
person or incorporated body who is registered as
holding a Golf Owner 7Day Membership;
“Golf Owner 7 Day Membership” means the
Membership of a Golf Owner 7 Day Member having
the rights, privileges and prohibitions specified in
the Constitution;
“Golf Resident 5 Day Member” means a natural
person or incorporated body who is registered as
holding a Golf Resident 5Day Membership;
“Golf Resident 5 Day Membership” means
the Membership of a Golf Resident 5 Day Member
having the rights, privileges and prohibitions
specified in the Constitution;
“Golf Resident 7 Day Member” means a natural
person or incorporated body who is registered as
holding a Golf Resident 7Day Membership;
“Golf Resident 7 Day Membership” means
the Membership of a Golf Resident 7 Day Member
having the rights, privileges and prohibitions
specified in the Constitution;
“Guest” means, in relation to a Member or
Nominee, a guest of that Member or Nominee
who is invited by the Member or Nominee to use
the Facilities (excluding the gymnasium) in the
presence of the Member or Nominee as determined
by the Board and in accordance with this
Constitution, and who is otherwise acceptable to the
Board in its absolute discretion;
“Lot” means a lot on Plan of Subdivision
PS617320S;
“Member” means an Owner Member, Golf
Owner 5 Day Member, Golf Owner 7 Day Member,
Resident Member, Golf Resident 5 Day Member or
Golf Resident 7 Day and excludes a Nominee of a
Member;
“Members Committee” means any committee of
Members established in accordance with Article 6.6
of the Constitution;
“Membership” means membership in the Company;
“Membership Qualification” means the eligibility
criteria specified in Article 1.2 of Schedule 2 of the
Constitution;
“Nominee” means any person nominated in
accordance with the Constitution;
“Operator” means any person who for the time
being holds the office of operator pursuant to the
Constitution and if there is more than one Operator,
each of them;
“Owner Member” means a natural person or
incorporated body who is registered as holding an
Owner Membership;
“Owner Membership” means the Membership of
an Owner Member having the rights, privileges and
prohibitions specified in the Constitution;
“Owners Corporation” means Owners
Corporation No. 1 on PS617320S.
“Property” has the meaning given to it in the
Constitution;
“Related Body Corporate” has the same meaning
as in the Act;
“Resident” means a person whose principal place
of residence is a Lot and who resides on that Lot
not less than 75% of the time in any given year
(unless the Board determines otherwise)’
“Resident Member” means a natural person or
incorporated body who is registered as holding a
Resident Membership; and
“Resident Membership” means the Membership
of a Resident Member having the rights, privileges
and prohibitions specified in the Constitution.