TUNCURRY LAKESIDE VILLAGE CO-OPERATIVE SOCIETY LIMITED

Trading as TUNCURRY LAKES RESORT (TLR)

BY-LAWS (2021)

1. PRELIMINARY

a) These By-laws are made under the powers given to Tuncurry Lakeside Village Co-operative Society Limited (the Co-operative), trading as TUNCURRY LAKES RESORT (TLR) by Rule 7 of the Rules of the Co-Operative. The Rules of the  Co-operative are registered by the Registrar of Co-operatives for New South Wales, as amended from time to time.

b) TLR is a co-operative, providing unique holiday and leisure opportunities for its members and guests.

c) ”Members” when used in these By-laws refers to members of Tuncurry Lakeside Village Co-operative Society Limited.

 

d) “Guests” when used in these By-laws includes a member’s family and any other person visiting the Resort who is not a member.

e) These By-laws have been made by the Board of Directors of the Co-operative (‘the Board’) and will be amended from time to time by the Board to protect the interests of members and guarantee equal enjoyment of TLR by everyone using the resort and its facilities.

2. USE OF THE RESORT

a) Members of TLR and their guests may use and occupy the Tuncurry site at any time, subject to the booking rules  and procedures which are set out below.

b) Members will do all they reasonably can to ensure that the high standards of administration and management of the Resort are maintained at all times for the benefit of all members. It is expected that members and guests will at all times respect the peaceful enjoyment and privacy of other occupants at the Resort.

c) Members who invite guests (non-members) to stay at, or visit, the Resort are responsible at all times for their guests’ actions and conduct, whether that member is on site or not.

d) A copy of these By-laws has been made available to all members, and all members shall be taken to be fully aware of them, and of the provisions of the Rules of the Co-operative.

e) Those Rules enable the suspension or expulsion of any member, or other disciplinary action, for breach of the Rules and/or these By-laws by that member, or persons for whom that member is responsible.

f ) The Board has authorised the Managers to administer the Rules and these By-Laws. Members and/or guests not complying may be required to vacate their accommodation and leave the Resort.

g) Members are unfinancial if their levies remain unpaid beyond the due date of the levy notice, or if they have any other unpaid charges. Unfinancial members of the Co-operative shall not be entitled to use the Resort or book any accommodation until the member is no longer unfinancial.

h ) Levies which remain unpaid beyond the due date of the levy notice, and any other unpaid charges may attract interest at a rate to be determined by the Board from time to time.

3. ACCOMMODATION AND USE OF SITE

a) Members and their guests may use any of the facilities provided at the Resort at any time, subject to the booking procedures set out below. Members staying at the Resort who wish to invite non-resident guests into the Resort to use the facilities on a temporary basis, are required to notify the Reception staff and seek approval to do so.

b) Members wishing to obtain a booking for guests will provide full details of the number of persons (adults & children) to be staying, the name of the guest and their contact information.

c) On arrival at the Resort, members and/or their guests will first register at the Reception Office.

 

d) At the Managers’ discretion, a member and their guests shall be entitled to book and to occupy multiple units and/or caravan/camping sites per visit, subject to booking availability, and the member having sufficient time available to cover those bookings.

e) A maximum of six (6) persons may occupy a unit or caravan/camping site for overnight accommodation.

i Persons under 18 years of age wishing to occupy a unit or caravan/camping site must be accompanied by a responsible adult over the age of 21 years at all times during their occupation. Proof of age will be requested by management, and if not provided, occupation will be refused.

ii Units or caravan/camping sites will not be occupied for the purpose of “Schoolies” group functions.

f) A Cleaning Package Fee in such amount as may be fixed from time to time, shall be paid when confirming a booking with the Reception Office by any member or guest using unit accommodation (see Schedule of Charges in these By-Laws). The Cleaning Package, in addition to the normal cleaning protocol, will include the supply of linen for the queen bed and that bed being made up. Also included in the Cleaning Package will be provision of 8 extra pillowcases, two bath towels, a bathmat, handtowel, two face washers and a tea towel. Linen and towels for members or guests using the single and/or sofa beds can be supplied on request at a fee per person (see Schedule of Charges). All members and guests staying in excess of one week will pay a Cleaning Package Fee at the end of each week of occupation, when the unit will be cleaned, and fresh linen supplied

g) A Cleaning Package Fee in such amount as may be fixed from time to time, shall be paid when confirming a booking with the Reception Office by any member or guest using caravan/camping site accommodation (see Schedule of Charges in these By-Laws).  All members and guests staying in excess of one week will pay a Cleaning Package Fee at the end of each week of occupation.

h) All breakages and damage of any kind over and above fair wear and tear will be made good or paid for by the member responsible. This applies to breakages and damage occurring to the units or their contents, the caravan/camping sites or amenities, to the common room, to any of the sporting and recreational facilities, and to anything provided by TLR for use by members and guests. 

4. MEMBERS’ OCCUPATION TIME

 a) TLR is planned so that all members are entitled to twenty-eight (28) nights per year of unit accommodation and a further seventeen (17) nights per year of caravan/camping site space.

b) Entitlement is non-cumulative from year to year, and the commencement date of each accommodation year is 1 August.

c) Up to fourteen (14) nights peak time unit accommodation may be booked in each accommodation year, and up to seven (7) nights peak time caravan/camping site space may be booked in each accommodation year.

5.     PEAK / SHOULDER TIME.

             Peak/ Shoulder  Time periods are defined as follows:

Easter                                           21 Nights

April School Holidays                      28 Nights

June Long Weekend                        14 Nights commencing Thursday prior

July Holidays                                  28 Nights

September/October Holidays           28 Nights

December/January Holidays            63 Nights

The commencement and expiry dates of peak periods shall be defined or varied at the discretion of the management from time to time and the dates so defined shall be binding on all members.

6.     PEAK BOOKINGS

a) Members must make requests for peak period unit or caravan/camping site accommodation in writing, via email, post or delivered in person at the Reception Office.

b) Peak period booking requests will be accepted at any time up to one hundred and eighty (180) days prior to, and including, the declared ”Opening Date” for processing requests for each peak period. (See the TLR website ‘Contact Us’ page at www.tuncurrylakesresort.com.au/contact-us/ for a current list of Peak Period Opening Dates.)

c) Members are encouraged to forward their peak booking requests to the Resort Office by the ‘Opening Date’ of the requested peak period, to be included in the allocation of bookings for that period.

d) Peak booking requests received after the Opening Date for that peak period cannot be processed, until requests received by the Opening Date for that period have been processed and bookings allocated.

e) Although peak booking requests will be accepted at any time as defined in 6.b), they will not be processed prior to the Opening Date of the peak booking period requested.

f) If the requested peak booking covers time beyond the current levy period, then levies for the subsequent year must be paid before the booking can be used. (In this case, levies will be charged at the current year rate, and adjusted as necessary following the setting of the new levy rate.)

 

7.    OFF-PEAK BOOKINGS

Members may book off-peak unit or caravan/camping site accommodation up to a maximum of one hundred and eighty (180) days in advance. Booking requests can only be accepted from members and should be lodged with the Reception Office by email, telephone, post or personal application. All off-peak booking applications will be treated in strict order of receipt. Any changes to existing bookings must be received in writing (by email, fax, or post). If the requested booking covers time beyond the current levy period, then levies for the subsequent year must be paid before the booking can be used. (In this case, levies will be charged at the current year rate, and adjusted as necessary following the setting of the new levy rate.) 

8.   TIMESHARE EXCHANGE ORGANISATIONS

a) A Member who belongs to a Timeshare Exchange Organisation is permitted to bank one week of their time (either peak or off-peak) for exchange purposes in any occupation year. The Member must have unused time available and secured a booking at TLR and then follow the Exchange Organisations booking procedure.

b) An Exchange Cleaning and Linen Supply fee will be paid by the member to TLR at the time of making the exchange booking (see Schedule of Charges).

 9  ADDITIONAL OCCUPATION TIME (AFTER USE OF OWNED TIME)

a) A member may apply for additional bookings at the Resort for periods up to a total of six (6) weeks, after using their own time allocation during any twelve (12) month period, commencing on 1 August each year. Additional bookings may be in a unit or in the caravan/camping area. This additional time is non-cumulative year to year. All stays are subject to the booking procedures described above.

b) Additional occupation time attracts a fee per night of occupation. Fees are set according to Management and Board requirements to control costs (see Schedule of Charges).

 c) Any member using additional occupation time must:

i First have used all their ‘owned’ time allocation in that time year.

ii Agree to be on twenty-four (24) hour notice to vacate the unit or caravan/camping area at any time during a stay on additional time. This is to allow any other member with unused owned time access to use such time.

10.     SPECIAL INTEREST GROUPS.

a) A member may, subject to the approval of the Managers, invite a ‘Special Interest Group’ to the Resort and book up to 12 units and/or up to 6 caravan/camping sites for a stay of up to 7 days by that group. A maximum of six (6) persons may occupy a unit or site for sleeping accommodation. The member must be financial to make the booking. The member’s personal time allocation will not be affected by the Special Interest Group booking.

b) A Special Interest Group can be, but is not limited to: family gatherings, birthdays, weddings, religious, business, conferences, seminars, or sporting groups. It is expected that Special Interest Group bookings will be in off-peak time, unless there is availability at other times.

c) Fees are charged for special interest group bookings which must be paid in full prior to occupation commencing. Details of these fees and charges may be found in the Schedule of Charges, or by contacting the Reception Office.

d) A Special Interest Group may apply to Management for private use of various public areas of the Resort, for the purpose of holding a function or meeting during the stay of that Special Interest Group. Such private use will be for a specific and limited period of time. Details of hire charges and conditions of use can be obtained by contacting the Reception Office.

11.  CANCELLATION OF PEAK BOOKINGS

Peak bookings cancelled with less than one (1) calendar month’s notice will incur a loss of that time entitlement and cleaning fee.

12.   USE OF RECREATION FACILITIES

Sporting and recreational facilities are available for members and their guests. Members are requested to observe the rules made from time to time and posted in the units, or at the location of the facility concerned, and should familiarise themselves with these.

 PLEASE NOTE:  TUNCURRY LAKESIDE VILLAGE CO-OPERATIVE SOCIETY LIMITED ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR CLAIMS IN RESPECT OF BODILY INJURY OR DAMAGE TO PROPERTY OF ANY PERSON CAUSED BY, OR ARISING OUT OF, THE PARTICIPATION OF SUCH PERSON OR HIS PROPERTY IN ANY GAME, MATCH, RACE, PRACTICE OR TRIAL.

13.  SECURITY

a) TLR cannot accept responsibility for any loss or damage to members’ property or that of their guests.  Units, vehicles and caravans must be securely locked when unattended and members are asked to report any suspicious or unusual activity on site to the Managers.

b) If an item of lost property is found, it must be handed to the Managers, and will be returned to the owner on satisfactory proof of ownership.

14.  CARS AND CARAVANS

a) The use of cars within the TLR site is confined to sealed roads and the parking area. Vehicular access to the units is not permitted. Speed limits are posted on site and must be observed by all drivers.

b) Members may park their caravans in the caravan park or appropriate section of the carpark during their stay or the stay of any of their guests. The caravan must be taken off site when members or their guests are not in occupation.

15.  TLR WILDLIFE AND FLORA SANCTUARY.

a) The Co-operative has declared the whole of the TLR site a wildlife and flora sanctuary. Hunting and picking of wildflowers is absolutely forbidden and members and their guests are asked to ensure that all wildlife is left as far as possible, undisturbed.

b) To protect the natural flora and fauna existing on TLR, domestic animals (other than horses and service animals) are not permitted on the site.

c) Fish in the site’s lake and the Wallamba River are protected by the New South Wales State Fishing Laws and members and their guests wishing to fish are required to comply with these Fishing Laws.

 d) As TLR is located in a bushfire prone area, the lighting of open fires by members and guests is not permitted anywhere on site.

16. EVACUATION OF MEMBERS AND GUESTS IN AN EMERGENCY SITUATION

a) In any emergency situation that Management deems poses a risk to members and guests’ safety, Management has the authority to close the Resort and require members and guests to leave the Resort property.

b) Management and staff will assist members and guests leaving the Resort to relocate to the local emergency evacuation centre/s in place at that time.

c) All assistance and effort will be made to ensure that members and guests are safely settled in emergency accommodation, or if appropriate, provided with information to safely leave the area and travel to another location.

 17.   “NO SMOKING OR VAPING”  BY-LAW. 

 The whole of the Tuncurry Lakeside Village Co-Operative Society Limited “SITE” known as Tuncurry Lakes Resort is a “NO SMOKING OR VAPING AREA”, except in “DESIGNATED SMOKING OR VAPING AREAS”. Failure to observe this By-law may result in exclusion from the Resort.

 For the purposes of this by-law:

i “SMOKING” shall mean any activity that produces smoke from tobacco, or any other product, which is ignited for the purpose of inhaling that smoke.

ii “VAPING” shall mean the use of all electronic smoking devices. These include e-cigarettes, e-pipes, e-hookahs, e-cigars and all other smoking devices. Vaping is prohibited whether or not the vaping device contains nicotine.

iii The “SITE” shall mean the Tuncurry Lakeside Village Co-Operative Society Limited land known as Tuncurry Lakes Resort being the whole of the land within Lot 2 in D.P. 593602.

iv The “NO SMOKING OR VAPING AREA” includes the internal and external areas of all buildings, all eating and cooking areas, all playground and recreation areas, carparks, maintenance areas and all other open space within the boundaries of the SITE.

v “DESIGNATED SMOKING OR VAPING AREAS” shall mean those areas specifically set aside for smoking or vaping. These areas will be clearly identified, and facilities provided for these activities. IF IN DOUBT where smoking or vaping is permitted, please contact the Reception Office for clarification.

 

                                                 SCHEDULE OF CHARGES

                                                        (As at 1st July 2022)

 

                                         CLEANING PACKAGE FEE FOR UNITS

                                   Members or Guests – $65.00 per week or part thereof.

                                  EXCHANGE CLEANING AND LINEN SUPPLY FEE

            To be paid when booking exchange time – $85.00 per week exchanged

                      OCCUPATION OF UNITS IN EXCESS OF OWNED TIME

                                    & SPECIAL INTEREST GROUPS RATE

                               $110.00 to $310.00 per night (depending on time of year)

                                 Cleaning package is included. Minimum stay of 2 nights.

 

                                                    SUPPLY OF LINEN

        Sheets and towels for the single and sofa beds can be supplied on request

                                             at a cost of $12.00 per person.

 

                                     CLEANING FEE FOR CARAVAN / CAMPING AREA

                                 Members or Guests – $50.00 per week or part thereof.

 

                               OCCUPATION OF CARAVAN PARK IN EXCESS

                                                        OF OWNED TIME

                                              $170.00 per week (cleaning fee included), or

                      $50.00 for the first night, and $20.00 each night thereafter 

                                                       (cleaning fee included)

 

                                         CARAVAN / CAMPING AREA – RATES

                                          FOR SPECIAL INTEREST GROUPS

                                       $35.00 to $105 per night (depending on time of year)

                                         Cleaning fee included. Minimum 2-night stay.

                                        PRIVATE HIRE OF A RESORT VENUE

                                           SPECIAL INTEREST GROUPS

                          Information on venues available, rates and conditions

                                      is available from the Managers.

 

                                                      BOAT – FUEL COSTS

                                    $35.00 for 3½ hrs – 6hp or 8hp Motor

                               (No boat licence required for 6hp or 8hp motor)

                                                 $80.00 for 3½ hrs – 25hp Motor

                                  (Must have boat licence for 25hp motor)

                                                             Payable in advance

 

                                                            STATUTORY CHARGES

                                            Copy of Rules                                        $11.00

                                            Transfer of Share                                   $75.00

                                            Copy of Share Register                          $10.00

                                            Duplicate Share Certificate                     $25.00

                    Last amended by resolution of the Board of Directors on 26 July 2021.