Saturday, 25 March 2023

BC 2

 


So there we was. Perfect.

So why the fall? Onwards, Charity refers to the optimistic potential thing, Housing for Women Trust being the charity that done us wrong, as is variously alluded to.

How about we bring out the solution already on this second part in the series?

It's an Old People's Home For *ty-Year-Olds. The fresh life brought to the wonderful historical artefact of everyone all in this together on the not let down mission.

How do we let each other down and how do we do that less?

the solution

AI shall be used to flesh out the administration's document-forming prowess.

Yes. Such a simple thing as doing the paperwork! It can negate the negation of entire few fews of people's space program!

Oh she tires of the writing! Laboriously checking everything off or making everything up. A stationary stiffness, demanding drive, involving seriousness, identity wandering out to pitch its camp, yet essential comporting, arguing towards a legit understanding of what we're doing for ourselves and the over-thing.

I assume. I was only book keeper, not know-it-all, which I may have suited.

the situation

The over-thing that demands legitimacy in governance is the government itself. Some regs apply to our entity - the Charity. It is a charity because we love the good life and that's how we get it happening. There are many services to invent and host.

What it takes to officially pin down the organism of the co-housing charity I am not aware. I believe it takes thousands to register a trust, so you'd need a good plot: some massive (potential) asset to give it mass to crush that barrier, close that spark gap, get people invested and involved.

The office is always going too flat out, even at the festival. We need a new network of sense making where this curse is sequestered from our linguistic forms. Our arms extending in the dark are batted away from the slime of confusion by warm manuka branches protruding from the warm glowy toaster of stylehouse.

If it could blink coloured lights to talk to us! That would be a sweet trick. Plenty of ways to shine light in your eyes. Your phone could probably get you most of the time. So we are in symbiosis with these telecomputings, our media, our buildings, our contracts on those buildings, our wider wilder environ, etc. The community of 15 has a unique tenderness to it, a locality, a distance to other human beings...

A memory.

The electronic substrate awaits conscious impregnation

Even now, I am chiselling white into dark grey. It is great but it could be better.
Faulty columns of pixels on this monitor blast full pink, red, green, pink, blue.
# here I break into spec(ulation) for the stylehouse, my computer design
Everything is in a spreadsheet, I believe.
Any pi/thing, pi/part, pi/form etc are in the pi sheet.
Even pi/form/part may be, the pi sheet having many pi/form(/*)
  or perhaps only the one pi/form row with a link to the /* in the pi_appendix sheet or pi/form sheet.
  All these escalations for expansion of linguistic cultivations.
It gets stuck in. Do you get stuck in it? It should be made safer (more creative) since people's own magic heals. Simple basic plumbing is what you need with your shelter.
A field regulator, attractor.
  This is what was missing from Beachcommie, the google drive shared folder document campground.
  The fact that it was a game! You visit it like a deck of cards, fed it like a skull full of tape.

Culture

It's best when culture communicates the culture to the person. It fills them in on itself, bringing them to.
There is always a person, just like there's always a culture. Thing and its qualities.
So we go making our way about the place.
Thing is said to be.
Logs aflame.

If Only

Throughout all this is a longing for belonging, or at least the not let down system.
A parcelled, castled while in which to give birth to momentous works of staggering beauty such as stylehouse. People do it. That's the point, objective, duty. Focus locus.
It came to me in a fairly good state, I would say. It had people who lived there, they had solved all sorts of complicated stuff about the objects in the night sky and the electron sculpture swimming computily.
It was fundamentally an ethos of transfiguration.
To create a radically better life through chemistry.
An amazing feat of conscious decision with webbed luck.
So might the thing be changed...

How Rupert Faust had ChatGPT knock out some paperwork

Here is his report that shew I the office-synthesising potential of AI...

AI WON'T TAKE YOUR JOB
But people who know how to use AI will.
Especially if you work on a computer.
Because they can do the same work
CHEAPER, FASTER & BETTER
than fools trying to do it without AI.
For the last two years
I've had what I thought to be a major task hanging over my head.
Develop a Conflict Resolution Policy
It's a serious piece of kit - that is actually going to be a legal obligation from July 2023 for all Incorporated Associations in QLD.
Completing this task seemed so daunting -
every time I tried I was overwhelmed,
didn't know where to start,
or who to engage to make it happen.
Even the QLD. Gov. had nothing to say on the matter to help orgs prepare - except that they will have provisions in the new model rules when they come out in July.
And even if I got a professional consultant in it would have probably cost an arm and a leg - and maybe be still full of jargon and not suited to our context. (at least that was the story I was running)
Two days ago, I had a brain wave...
I asked Chat GPT to write me a simple conflict resolution policy
for a not-for-profit organisation that integrates the principles of
+ Holistic Management
+ Non-Violent Communication and
+ Sociocracy.
(the three main frameworks we utilise from an organisation perspective)
Chat GPT fuckin nailed it.
Better than I could ever have.
Better than any consultant or professional could have.
It made me realise how these three frameworks compliment each other to support the growth of any organisation.
What was hanging over my head for 2 YEARS!
ChatGPT did it in less than 2 MINUTES!
I just had to know what to ask for.
He goes on to say it is more powerful than the internet and critical for managing its complexity.
Someone in the comments pipes up:
how does it stack legally Rupert? 
there is always a legal aspect and just because it sounds good does not mean it is.. so when you got it checked, how did it go.. am interested

 It hasn't been checked yet... but at least we now have something to work with. QLD gov. doesn't give much guidelines on the fact.

At the moment, under existing legislation and org MAY have an "internal grievance policy" - but that will be compulsory for July 2023.
A grievance procedure must meet certain requirements set out in section 47A of the Associations Incorporation Act 1981, including:
+allowing a member to appoint any person to act on their behalf
+giving each party involved an opportunity to be heard
+providing for unbiased mediation if the dispute cannot be initially resolved amongst parties
+if the grievance procedure provides for a person to decide the outcome of the dispute, the decision maker must be unbiased.

what we have now gives us structure integrating the main frameworks we already use and can easily tweak to meet legislative requirements. 

Wow. Curious about what is in these documents... Are these managerial types using their computers to minimise their chance of unrehearsed incidents? Seems reasonable.
Another comment: it's just a fancy regurgitation tool. Seems reasonable.
Another: If it didn't already know the legislation I could just copy paste it in and then ask it
When I call it consuming law in an automated fashion it seems like not reading the manual for something that interacts with humans. If it knows the classics it can write our documents right?
There's a spectrum where it can run the accounts at one end and run your neurons at the other.
Here's to complexity, another comment: It reminds me when the government decided we had to have a child protection policy no template was given but every organisation had to have one. Every sporting body wrote their own. Some were 150 pages long. I believed this was a risk in itself as all volunteers and parents had to understand it. Dot points was a better way to go. Glad you found what you are looking for.

Day Core | Decor

The seed of people's imagination is everywhere and everything, unbound to timespace.
Even just the visual capacity of a flavoured 15-person environment packet is an unmissable feast for the eyes - gardens bulging along the boulevard and wandering off and around the hall yonder.

The Implementation

Here we reflect on our history. Our incidental incantation of the above awareness of its potential.

...



Legal Bitsies

The ICA (imputation credit account) allows the tax paid by a company on its profits to be attributed to its shareholders when dividends are paid out, so the PIE can reduce its own tax liability. (free money)

The "boutique investor class" is a type of investor class for a PIE that has less than 20 members.
Each holding interests less than 10% of the entity's value
None having control over investments, except the manager or trustee.
  • PIE manager is responsible for managing the investments, administration, reporting, and compliance.
  • PIE trustee can hold any type of asset that the entity invests in, including real estate such as a hut on some land that the manager may use for Airbnb rentals.
When a PIE invests in real estate, the trustee would typically hold the legal title to the property on behalf of the investors, while the manager would be responsible for managing the property, generating rental income, and ensuring that the property is well-maintained.

bright-line grandparented home: per person, the 1 dwelling:
that is mainly used as a residence by the person (a home)
with which the person has the greatest connection, if they have more than 1 home

Unclear how important is '1 dwelling', if there was an Airbnb hut and a managers hut on the land.

This reduces the minimum holding time from 10 years to 5 years for doing tax-free land lobbing. (free money) This does not apply to capital contribution paid-for property.

 

Group pooling money to buy property can be a capital contribution under NZ tax law if payment meets criteria: agreement between parties, paid for capital property (with the intention of generating income or appreciation, rather than being used for personal use), and not recipient's income.


It is possible for a Portfolio Investment Entity (PIE) to charge below-market rent for a hut or property it owns that is being used by the manager of the PIE, but there are potential tax implications to consider.

If the rent charged is below market value, this could be considered a related party transaction for tax purposes. Related party transactions can be subject to additional tax rules and scrutiny, and the transaction must be at arm's length (i.e., the rent charged should be similar to what would be charged to an unrelated party for a similar property).

If the work obligation and meetings are required as a condition of renting the property, then it may be reasonable to consider the impact of these obligations on the market value for rent.

Additionally, if the below-market rent results in a loss for the PIE, this could impact the PIE's tax position. The PIE may not be able to claim deductions for expenses related to the property to the extent that they exceed the rent received, and any loss may be limited under the PIE tax rules.


 

Trusts Act 2019 - www.legislation.govt.nz/act/public/2019/0038

The gist. Commentary at indents and maybe no indent.


Principles

a trust ... with its terms and objectives: ... avoids unnecessary cost and complexity.


Definitions

  • beneficiary means a person who has received, or who will or may receive, a benefit under a trust (other than a trust for a permitted purpose), and includes a discretionary beneficiary
  • discretionary beneficiary means a person who may benefit under a trust at the discretion of the trustee or under a power of appointment but who does not have a fixed, vested, or contingent interest in the trust property
Stage is set for a class war.
  • charitable purpose means a charitable purpose that relates to the relief of poverty, the advancement of education or religion, or any other matter beneficial to the community ...


Application

(4) The application of the provisions of this Act specified in [...] the table [...] may [...] be modified or excluded by express or implied terms of a trust.
We shall note these next to their headings as (5(4) mutable), here is the table:
Column 1 (section)Column 2
20The application of section 20 may be modified only to the extent that the modified age is not less than 18 years.
29 to 38The application of section 32 may be modified only to the extent that is consistent with section 51(4).
56
58 to 61
62(1) to (5)
63 to 65
66The application of section 66 may be modified only to the extent that the terms of a trust may impose liability on a trustee for a loss arising from 1 or more of the acts or omissions specified in that section.
67(1)(a) and (b)
67(1)(c)The application of section 67(1)(c) may be completely excluded but may not be modified, despite any contrary intention in the terms of the trust, if it is proposed that another party should hold or deal with trust property as a nominee or custodian.
88 to 91
92(1) and (2)
99(2)
101
102
115
142 to 146
147The application of section 147 may be completely excluded but may not be modified, despite any contrary intention in the terms of the trust, if a trustee has the power to refer a matter to an alternative dispute resolution process.


Part 2

each trustee owes duties and is accountable for how the trust property is managed and distributed
  • Section 13
    • in which a trustee holds or deals with trust property for the benefit of the beneficiaries

  • Section 16
    • 6 may continue indefinitely: a charitable trust, superannuation scheme, etc [otherwise trust property will be finally distributed at some time, <125 years or so]
  • Section 18
    • A trust may accumulate income to the extent that is consistent with its terms.
  • Section 19
    • When a trust expires, all trust property must be distributed [fittingly], or to surviving beneficiaries in equal shares.
  • Section 20 (5(4) mutable)
    • Adult = 18 year old

Part 3

relates to the duties and information obligations that are part of the role of trustee...

(d)

set out the documents that must be kept by trustees and the information that trustees must give to beneficiaries (and that aim to ensure that beneficiaries have sufficient information to enable the terms of the trust to be enforced against the trustees).

TODO 

Part 4

provide for certain specific powers of trustees, such as the power to invest trust property and powers to use trust property for the welfare of a beneficiary outside of the powers relating to distribution of trust property specified in the terms of the trust

ie a trustee can invite people onto the land (diluting the housing for women objective set in the terms of the trust)

 TODO

Part 5

who may be a trustee and how the role may start and end
TODO

Part 6

contains provisions that enable beneficiaries acting together to decide to bring a trust to an end, vary the terms of the trust, or resettle the trust property on a new trust.

Part 7

relates to the powers that the court has ... enables the use of alternative dispute resolution (ADR)

perhaps we could have used this to officially dispute the eviction, get at why. 

See also investigation, Section 153, which apparently requires applicant is "a trustee or a beneficiary". Perhaps this end (court review) is more open.

On court review: 

  • Section 126 
    • 1 court may review the act, omission, or decision ... of a trustee on the ground that [it] was not or is not reasonably open to the trustee in the circumstances.
    • 2 may undertake a review on the application only of a beneficiary
  • Section 129
    • ... proceeding for breach of trust in relation to an investment by a trustee if a loss has been or is suspected to have been incurred by the trust
Examples of breach of trust include: Misappropriating trust property for personal gain, Failing to invest trust funds prudently (resulting in a loss to the trust, as Section 129), Failing to keep accurate records (are resident minutes records? I doubt they could produce the versions I kept), Failing to distribute trust property to beneficiaries.
    • court may set off all or part of the loss resulting from the investment
For example, if a trustee invests trust funds in a risky venture and the investment results in a loss of $100,000, but the trustee also makes a profit of $50,000 from the same investment, the court may order that the trustee pay $50,000 to the trust to offset the loss.

ie losing money is highly anomalous.

...Lots of court powers to do things, bend rules, random exceptions and specifications eg:

  • Section 137 Trustee may sue self in different capacity
On ADR process:
  • Section 144 (5(4) mutable)
    • 1 If a trust has any beneficiaries who are unascertained ... the court must appoint representatives [who] may agree to an ADR settlement
a lawyer plays advocate for the possibility of women (unascertained beneficiaries)

ChatGPT: 

If the charitable trust was created to provide housing for women and the trust deed does not specify the identity of the beneficiaries, then the potential women who could benefit from the housing would be considered unascertained beneficiaries until they are identified or ascertained. 

This could include women who are currently homeless, at risk of becoming homeless, or otherwise in need of safe and secure housing. 

The trustee of the charitable trust would have a duty to take reasonable steps to ascertain the beneficiaries and to make distributions to them once they are identified. 

Powerful prose from our newest program... To the point...

The web says At present the HWT is undergoing critical governance work, updating our procedures and growing capacity. This will enable us to operate under a Community Land Trust Model, continuing to provide homes for women and their families.

Anomalous status, yet modern: CLTs offer a balanced approach to ownership: the nonprofit trust owns the land and leases it for a nominal fee to individuals who own the buildings on the land.  As the home is truly their own, it provides the homeowners with the same permanence and security as a conventional buyer, and they can use the land in the same way as any other homeowner.

Well, this could find their upper-lower-class clientele if it requires more up front buy in. I would suppose the meltdowns|mass-evictions would cease if contracts got weightier. Perhaps it was a crisis in faith of others faith. 

When a building is sold to a CLT, it becomes part of the land trust's portfolio of properties, and the CLT can then sell or lease the property to another buyer or tenant, depending on the organization's mission and goals. ie a suspended real estate market

register.charities.govt.nz/HWT says:

Activities: Provides buildings / facilities / open space (mainly), Makes grants / loans to individuals, Provides services (e.g. care / counselling), Provides advice / information / advocacy

Sectors: Accommodation / housing (mainly), Education / training / research, Community development, Social services

Beneficiaries: Family / whanau (mainly), Children / young people, Other charities, Older people, People with disabilities, General public, Migrants / refugees

  • Section 146 (5(4) mutable)
    • 1 ADR settlement may include ... binding undertakings in relation to the trustee’s future actions as trustee.

Part 8

contains miscellaneous provisions

defunct property drains into the Crown:

  • Section 149 1 property that the trustee is not able to distribute in accordance with the terms of the trust may transfer to the Crown, via the Secretary to the Treasury
  • Section 151
    • 1 must hold trust money [for 6 years, then transfer it to a Crown Bank Account, but it may still be paid out in case of:]
    • 2 The Secretary to the Treasury must deal with ... any person claims that the person is the beneficiary entitled to any part of the transferred property [and|or] the trustee requests that the transferred property be returned to the trustee
  • Section 152 1 ... notice to be published on an Internet site ... setting out all property transferred [each year], remaining for 3 years
is this a market-less way to buy property (free money)

 investigation:

  • Section 153
    • 1 A trustee or a beneficiary of a trust may apply to Public Trust for the conduct of an investigation of the condition and accounts of the trust property
    • 3 ... applicant to pay a deposit or give security for the costs of the investigation
  • Section 155
    • 1 investigator appointed ... may require from the trustees any documents, information, and explanations necessary
    • 2 the investigator must forward to the applicant, and to each trustee, and to Public Trust, a report
  • Section 156
    • 1 expenses of the investigation ... are to be borne by the trustees of the trust
as opposed to 153 3 (applicant to pay a deposit), the trust must pay for any investigations people set on it (max every 12 months), but the trust may apply to the court to stop investigations.

  • Section 159
    • 1 there is no trustee of the land ... the land is vested in a person (the life tenant) who is entitled to possession of the land or entitled to receive rents and profits from the land
    • The life tenant may ... exercise all the powers of a trustee
    • However, this section does not authorise the life tenant to sell the land or to raise money by a mortgage or other dealing with the land, unless the money paid on the sale or raised by the mortgage or other dealing is paid to a trustee who is duly appointed and entitled to receive it.
ie growth funded via mortgage must be dealt via a trustee. having a band of trustees to help life tenant succeed looks good to the bank. (free money)

and some transitional junk.


whether a land  

 

 
















No comments:

Post a Comment