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About rules, by-laws and policies Mandatory by-laws Creating rules, by-laws and policies Changing rules, by-laws and policies All housing organisations must have rules and by-laws to guide their operations.
About rules, by-laws and policies
Rules and by-laws describe the purpose of an organisation and set out processes around how decisions will be made and how various functions will be carried out. They will help your organisation make fair and transparent decisions that are less vulnerable to appeals.
Rules are formal agreements between members that govern:
- membership
- how and when meetings are called
- voting
- appointments and the renewal of office bearer roles.
By-laws expand on these rules in more detail. They describe how decisions are made and how actions are carried out.
Policies define how the committee of management will manage certain situations, how these decisions will be reached and how it will carry out particular actions.
By-laws and policies ensure:
- all legal requirements are met
- the needs of the functioning body are met
- staff, tenants and members know what is required
- staff and members don’t have to redevelop solutions to the same problems
- everyone gets the same answer to the same question
- similar treatment is applied to similar circumstances.
All rules, by-laws and polices must comply with all relevant legislation and regulations.
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Mandatory by-laws
Three by-laws are legally required. These must cover:
- tenant selection (and membership for cooperatives)
- appeals processes
- rent arrears processes.
They must be approved by the Housing SA Community Partnerships and Growth Directorate before they can be implemented. Model by-law templates are available to help you develop appropriate by-laws.
Community Partnerships and Growth can provide advice and direction when developing any rules, by-laws or policies.
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Creating rules, by-laws and policies
When developing a rule, by-law or policy you should:
- make sure it’s consistent with legislation and regulations
- consider the rules, by-laws and policies developed by other community housing organisations
- make sure they are consistent with your purpose and charter
- ensure they are reviewed and updated when required
- write in plain English using direct language, short sentences and numbered points to avoid confusion
- use the same format for all by-laws and policies to ensure consistency
- consider how improvements can be made to decision making, problem solving, risk management and service delivery
- emphasise the positive - what will be done rather than what can’t
- use proper version control - eg title, page numbers, approval dates, headings, subheadings
- ensure they are accessible to all staff and members.
Rule requirement guidelines are available for housing associations (PDF 23KB) (Word 50KB) and housing cooperatives (PDF 15KB) (Word 50KB).
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Changing rules, by-laws and policies
Rules and by-laws can only be approved, changed or replaced by a special resolution at a members meeting.
Policies can be approved, changed or replaced by a committee of management.
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More information
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