WhitemoorGarden Holders Association Constitution

Revised 22nd August 2012

Committee Officers

The Committee shall consist of the Chair, Vice Chair, the Secretary and the Treasurer and a minimum of 10 other members of the Association elected at the Annual General Meeting.

This constitution will be available to read in the shop and can be downloaded from our website.

Objectives

  1. To promote the interest of all tenants in their gardening activities and to take joint action for the benefit of all members.
  2. To conduct joint negotiations with the City Council for the use of gardening land.
  3. To take such action as may be reasonable to protect members against damage, trespass and theft.
  4. To obtain supplies of seeds, fertilizer and other garden sundries on behalfof and for the benefit of members.
  5. To co-operate with other gardening associations in matters of mutualinterest.
  6. To promote the creation of allotment gardens and encourage their propercultivation.

Powers of the Committee

The Committee shall have full powers to superintend and conduct the business of the Association according to the Constitution thereof and except as is otherwise provided herein, exercise on behalf of the Association for the purpose of accomplishing its objects, the powers conferred upon the Association.

Committee Meetings

Regular meetings of the Committee shall be held at intervals not longer than three months. At all meetings of the Committee every question shall be decided by a majority of votes and if the votes are equal the presiding officer shall have a casting vote in addition to their vote as a member. The chairperson, or if they are not present the vice chair shall preside. In the absence of the chair and vice chair the Committee shall elect a presiding officer for the purpose of chairing that Committee meeting. A special Committee meeting can be called by any Committee member provided a written request for such a meeting is handed to the Secretary, signed by 3 Committee members. The Secretary shall then call a Committee meeting within 14 days of receipt of the notice.

Trustees

The property of the Association must be vested in a minimum of 2 trustees who shall be appointed by the Committee. The trustees must deal with the property as the Committee may from time to time direct by resolution (of which an entry in the minute book is to be conclusive evidence). The trustees may be indemnified against risk and expense out of the Association's property. The trustees hold office until death or resignation or until removed from office by the Committee. The appointment of a new trustee or trustees must be made within 21 days and the Committee shall give notification of their appointment to the Nottingham City Council not more than 7 days after the appointment is confirmed.

Where by reason of death, resignation or removal it is necessary for a new trustee to be appointed the Committee must nominate the person or persons to be appointed. No person shall be eligible for the appointment as a trustee:

  1. Unless they have held uninterrupted membership of the Association for 5 years.
  2. Unless resident within the boundary of the City of Nottinghamshire.
  3. If convicted of any serious criminal offence or has been made bankrupt or made an agreement with their creditors for the compounding of debts.
  4. Unless they are a fully paid up member of the Association and not in arrears with their subscription or rent of any tenancy held by them or other fees payable to the Association.

Membership

The Association shall consist of such persons whose application for membership is agreed by the Committee.

1 All applicants must apply for an allotment garden by attending the site office, filling in an application form and passing it onto the Secretary.

2. On admission to membership the Secretary will furnish the applicant with a tenancy agreement. The secretary will request payment of rent, water rates, annual subscription and all other charges unless the allotment is given to the purposed tenant on a years free rent, then only the water rates and any national body subscription is payable.

3. No member will enjoy the privileges of the Association until the rent, water rates, subscription and any other charges are paid and the tenancy agreement is signed.

Cessation of Membership

A tenant will cease to be a tenant in the following eventualities: -

1. Upon death;

2. Upon the member’s resignation or expulsion.

A tenant who is expelled or resigns is not entitled to the return of any monies (subscription, rent etc.).

If a tenant dies and there is no co-tenant recorded, after bereavement it may be left to the next of kin to dispose of his or her allotment and property.

Outside Members

Upon payment of an annual fee, the amount to be is determined by the Committee, any person may become an outside member of the Association and will be entitled to purchase from the sales shed, but must first register as an outside member.

Outside members Privileges;

1 Purchase fertilizer, seed and other garden agricultural and horticultural supplies from the Association.

2. Payment of the outside member fee is to be made at the time of the first purchase by an outside member after the 28th day of February each year.

3. An outside member is not entitled to any rights and privileges afforded to any other member save that provided herein.

Affiliation

Membership of a national representative body shall be applied for. It will be a condition of membership that each member will pay annual affiliation contributions; the committee will determine these contributions from time to time.

Expulsion of Tenants

  1. Expulsions shall be determined by a two-thirds majority of the committee.

When a decision has been made to expel a member, notice must be sent by the secretary setting out the circumstances that give rise to the expulsion notice.

  1. The secretary will offer the member the opportunity to resign or explain their actions.
  2. Any member expelled may, within 14 days of expulsion, appeal in writing to the Secretary who in not more than 21 days of receipt of the appeal shall call a Special Committee Meeting at which the expelled member shall be given the opportunity to be heard. At this meeting the member may be accompanied by a representative. A majority of two thirds of those present is required to confirm the expulsion
  3. If the expulsion is not confirmed the member must be reinstated.

Register of Tenants

The Secretary of the Association shall keep a Register of tenants in which shall be entered the following particulars: -

1. The names and addresses of tenants.

2. The date at which each person became a member and the date at which each person ceased to be a member.

3. The names, addresses and telephone numbers of the Officers of the Association and the offices held by them and the date they assumed office addresses and telephone numbers will be confidential and be given to committee officers only.

Every tenant shall at the time of becoming a tenant and at the signing of their tenancy agreement notify the Secretary of their address and any subsequent change

Qualification for Office

The Association at a General Meeting may determine the qualifications necessary for the holding of the Chair, Vice Chair, Secretary and Treasurer. No dealer in or agent for the sale of agricultural or horticultural requirements, nor any person dealing as a trader in, or agent for, agricultural produce, shall be eligible to hold any Office whatsoever in the Association. No Committee member shall vote upon or gain financially from any matter in which they have a pecuniary interest. Failure to declare a pecuniary interest in a matter under discussion shall be grounds for removal from Office. All directions, motions or otherwise passed at a committee meeting and entered into the minutes book must be carried out and cannot be altered unless the secretary after consultation decides to amend it. Then it must be entered into the next meeting agenda for discussion.

Vacation of Office

If the Secretary, Treasurer or Chair shall die, resign, be removed or become unfit to act, the Committee may fill the vacancy until a Special General Meeting is convened to elect a new Officer. A temporary officer can only hold office for 30 days, during that time a SGM (Special General Meeting) must be called or a misdemeanor will have accrued.

Removal from Office

Any officer or member of the Committee may be removed at any time by a resolution of the majority of the members present at a Special General Meeting called for that purpose subject to the following:

Notice must be sent to the Secretary (or if he be the officer concerned) to some other Officer or member of the Committee signed by 10 members stating the circumstances that give rise to the notice.

The Secretary (or some other Officer or member) must then communicate with the person concerned (so that they may have the opportunity of explaining or resigning) and summon within thirty days of receipt of the notice a Special General Meeting (at which the Officer or member must be given the opportunity to be heard). No other business than that stated in the notice shall be transacted.

Presiding Officer at General Meetings

At all Annual General Meetings the Chair shall preside until the new chairperson is elected. Upon election the new Chair shall take over the conduct of the meeting. At Special meetings the Chair shall preside except where a Special Meeting is called into the conduct of the Chair. At such a meeting the Vice Chair shall preside until the matter is resolved.

Annual General Meeting

The Annual General Meeting shall be held at such time as the committee or a Special General Meeting shall determine. At each Annual General Meeting:

  1. The accounts for the previous financial year prior to the meeting havingfirst been audited by the Association's auditors must be presented, and ifaccepted, passed.
  2. The Secretary, Treasurer, Committee, Chair must be elected at the AGM and shall hold office for one year, but shall be eligible for re-election.
  3. The Committee shall be elected from amongst the members of the Association by a vote of the majority of members present and entitled to vote. They shall retire at the commencement of the next Annual General Meeting but shall be eligible for re-election. Vacancies may be filled during the year by committee approval.
  4. Auditors must be appointed.
  5. The rent and water rate for allotments must be determined.
  6. Any other business communicated to the Secretary and included in thenotice of the meeting to the members may be conducted.
  7. No political, sectarian or racial issue shall be raised, or resolution of thatcharacter proposed at a General Meeting, Special Meeting or CommitteeMeeting of the Whitemoor Garden Holders Association.

Special General Meeting

A special General meeting shall be held whenever the Committee thinks expedient or when there is a resignation of the officers or whenever a written request for such a meeting is delivered to the secretary signed by 10 members of the Association. Should the Secretary fail to convene a Special General Meeting within 30 days after delivery to him of such a request, the members signing the request may convene such a meeting by giving the required amount of notice as set out below. The business of any Special meeting is limited to that provided for in this Constitution and set out in the notice convening the meeting.

Notice of an Annual General Meeting

At least 21 days notice in writing of every Annual General Meeting shall be given, stating the business to be transacted at such a meeting. The notice shall be sent to every member, at their address as entered in the Register of members and no other business than that stated in the notice shall be transacted at such a meeting.

Voting at a General Meeting

Every member present at a General Meeting and not otherwise disqualified shall have one vote and where the votes cast in any matter are equal the presiding Officer shall have a casting vote in addition to their vote as a member. No one may vote on matters affecting tenant members who are not a tenant.

Quorum for Meetings

At all General Meetings the quorum shall consist of 10 members. Unless otherwise determined by a General meeting the quorum for Committee meetings shall consist of 5 members.

Allotments Separate Account

A separate account shall be kept by the Association of all income and expenditure of the Association. The income shall be applied as may be determined by the Committee for the following purposes and for no other purpose whether during the existence of the Association or on dissolution

  1. For the payment of expenses of managing land, buildings acquired or erected, including payment of rents, rates, taxes and other outgoings and the reasonable day-to-day administration costs of the Association.
  2. For payment of expenses of repair or improvement from time to time made by the Association on such land and buildings whether such be held under lease or otherwise
  3. For prizes for the proper cultivation of the allotment gardens.
  4. For the benefit of tenant members generally in such matters as the Committee may determine.
  5. For the forming of a special reserve fund not exceeding £15 000 so that the fund may be available for the purposes set out herein and for no other purpose.
  6. Nothing herein shall be deemed to prohibit an arrangement between the Association and any tenant of the Association for the repayment or rebate of part of the rent payable by the tenant to the Association.
  7. Nothing herein shall prejudice or affect any right of remedy of any creditor of the Association.

Transfer of an Allotment

Application for transfer of an allotment garden must be made by written notice to the secretary of the Association specifying:-

1. The name and address of the present tenant.

2. The allotment garden number.

3. The name and address of the proposed new tenant.

4. The date of the desired transfer.

A transfer fee, the amount to be determined by the Committee, is payable at the date of transfer. Transfers shall be submitted to the committee for approval and may be refused if the outgoing tenant is not in good standing, or the incoming tenant is not considered appropriate. Transfers are not normally acceptable unless the garden has been improved/maintained and held for a reasonable period of time, normally 5 years.

Termination of Tenancy

Any tenant wishing to terminate their tenancy is required to do so in writing to the Secretary giving not less than one weeks notice.

Bye-Laws

The Committee may make, repeal and amend any byelaw it may from time to time consider necessary for the well being of the Association. Byelaws, repeals and amendments shall have effect until otherwise determined by the Committee or an Annual General Meeting. No byelaw may conflict with the Constitution or rules contained in the tenancy agreement. New or amended byelaws will be publicized.

Association Property

No tenant may take away or permit it be taken away any property of the Association from any part of the allotment site or shed under any pretext whatsoever or injure or destroy any property of the Association or permit it to be injured or destroyed.

Interpretation

The headings to this Constitution are for ease of use and are not to be takeninto account in their interpretation.

"Allotment garden(s)" and "Landlord(s)" shall have the same meaning as theyhave for the purposes of the Allotments Act 1922, Section 22(1) and anyamendment thereof.

"The premises" mean the allotment gardens held by the Association under the lease from Nottingham City Council from time to time.

"The Committee" means the Management Committee of the Association.

Appointment of Auditors

The Association shall in each year of account appoint a qualified auditor or auditors to audit its accounts and balance sheet for that year. None of the following shall be appointed as auditors of the Association: -

1 An officer or servant of the Association.

2 A person who is a partner of or in the employment of or who employs an officer or servant of the Association.

3 A body corporate.

The secretary shall be supplied with copies of the auditor’s report on the accounts and balance sheet and shall supply a copy gratuitously to every member or person having an interest in the funds of the Association on demand save that outside members are not entitled to any such document.

The Association shall not publish any balance sheet, which has not been previously audited by the Association's auditors, and any copy of a balance sheet published by the Association shall incorporate the report made thereon by the auditor. The Committee shall lay before the Annual General Meeting the accounts as audited together with the report made thereon by the Association's auditor.

Inspection of Books

Any member or person (save an outside member) having an interest in the funds of the Association shall be allowed to inspect the books containing the accounts, including all the particulars therein upon 7 days written notice thereof being given to the Secretary.

Dissolution

The Association may at any time be dissolved by the consent of 75% of the members, testified by their signatures to a special resolution to be presented at an Annual General Meeting and upon the passing of that special resolution the dissolution of the Association will take effect within 6 months.