Lower Road and Kent Allotments AssociationOctober 2013

Constitution of the Lower Road and

Kent Road Allotments Association
Contents

  1. Introduction
  1. Definitions
  2. AimsandGoals
  3. Committee
  4. Constituents
  5. Quorum
  6. Voting
  7. Meetings
  8. Annual General Meeting
  1. Extraordinary Meetings
  1. Appointment of Committee Members and Auditor

7.1When

7.2Appointments

7.3Continuation

7.4Retirement

  1. DismissalofCommitteeMembersorAuditor
  2. Accounts
  3. ResponsibilitiesofCommitteeMembers and Auditor

10.1Chair

10.2Secretary

10.3Treasurer

10.5Trading Secretary

10.5Ordinary Committee Member

10.6Auditor

  1. Dissolution
  1. Biodiversity

Appendix 1: Proxy Voting Form

  1. Introduction

The Lower Road and Kent Road Allotments site is self managed by a voluntary committee on behalf of the site Lessor. This Constitution formalises the manner of its management and will be revised at least once every ten years. The terms and Conditions that follow on from the Constitution could bechanged when the need arises.

  1. Definitions

Constitution refers to this document.

Sitemeans the Lower Road and Kent Road Allotment site bounded by Lower Road, Kent Road, St. AndrewsChurch and the River Cray, in the London Borough of Bromley.

Associationis the Lower Road and Kent Road Allotments Association who operate the site.

Membersmean individuals who have signed a tenancy agreement and are responsible for a plotor part of a plot.
Associated Member is a spouse, partner, family member or an assigned individual that shares the benefit of gardening under the guidance and nomination of the Member.

Committee means the group of members who have voluntary taken on the responsibility of managing the site.

Designated Committee Membersare Members who have been accepted and have taken up defined voluntary posts on the Committee of the Association.

Committee Members are Members who have been accepted and have volunteered to serve the Committee of the Association.

Co-Opted Members means Association member(s) that has been asked to serve or help a Committee Member on a short term project or task.

Leaseis the legal agreement between the Association and the Lessor for occupancy and use of the site.

Lessoris the holder of the lease for the Site (currently the London Borough of Bromley).

Terms and Conditions are the listed conditions agreed by a member as a requirement of tenancy and membership.

BALGF is the Bromley Allotment and Leisure Gardens Federation.

  1. Aims and Goals
  • Provide a friendly and safe environment that is: free from harassment, discrimination and intimidation to like minded people that enjoy the benefits of gardening.
  • To provide the ways and means for Members to enjoy the benefits of gardening and encourage social activities and fundraising sales.
  • To promote allotment gardening to the general public and to provide excess produce to charities in the area.
  • To educate and encourage younger members of the community to enjoy the benefits of gardening.
  • To promote awareness of the importance of caring for the environment.
  • To share knowledge with fellow allotmenteers and the wider public by conducting lectures and open-day events.

  1. The Committee

4.1 Constituents

The Committee should consist of a Chair, a Secretary, a Treasurer, a Trading Secretary, a Site Manager, a Communications and Community Secretary and up to five Committee Members.

There may also be co-opted Members for specific purposes or projects as and whenrequired however, these co-opted Members would not have a vote in the Committee meetings.

In addition there is an Auditor and a President whom will not be part of the Committee and with no voting powers.

All posts are honorary in that there is no remuneration other than that of reimbursement of expenses.

4.2 Quorum

For passing ordinary motions in Committee a Quorum shall consist of half the total number of Committee Members. For example when there are 11 Committee Members the Quorum is 6. For changes to the Constitution or Members Terms and Conditions, the Quorum shall consist of all the existing Committee Membersi.e. in the above example all 11.

4.3 Voting

At ordinary committee meetings, voting shall normally be by show of hands. A motion is carried by a simple majority, providing the numbers present equal or exceed the Quorum.

When voting on changes to the Constitution or Members Terms and Conditions, any Committee Member(s) who is/are unable to attend may vote by proxy. (See Appendix 1 for the proxy voting proforma). All proposed changes to the Constitution or Terms and Conditions shall be submitted to Committee members at least 2 weeks before the meeting scheduled for agreement of the changes. A motion to make the change(s) shall be carried if there is a simple majority in favour.

4.4 Meetings

There shall be four ordinary Committee meetings each year, generally in the months of February, May, August and November. Dates of the four meetings each year are agreed at the November meeting preceding that year. In addition, the November meeting needs to include the decision to increase therent on 1st Jan the year after next (as allotment holders need a 12 month notification period and it need to be announced before the end of December).

The Secretary shall prepare minutes of the proceedings which shall be distributed to all Committee Members.

All Committee Members present shall sign the attendance sheet which the Secretary shall keep on file together with the minutes.

  1. Annual General Meeting

The Annual General meeting (AGM) is held on the first Sunday following the 15th April and is open to all members of the Association.

The Secretary shall prepare minutes of the proceedings which shall be distributed to all Committee Members and to any ordinary members who so request.

The Standing Agenda shall be:-

1. Opening the meeting

2. Apologies for Absence

3. Minutes of last AGM

4. Chairman's Report

5. Secretary’s Report

6. Treasure’s Report

7. Trading Secretary’s Report

8. The Site Manager’s Report

9. The Communications and Community Secretary’s Report

10. Matters Arising

11. Election of Officers

Chair

Secretary

Treasurer

Trading Secretary

Site Manager
Communications and Community Secretary

Non Portfolio Committee Members (to be named)

Auditor

12. AOB

Items for inclusion in Any Other Business (AOB) may be submitted to the Secretary prior to the meeting or introduced by members at the meeting.

  1. Extraordinary Meetings

An Extraordinary meeting may be called to consider an urgent or serious matter when it would not be appropriate to wait for an ordinary meeting or the AGM. It may be called by the Chair, Secretary, Treasurer or Trading Secretary as well as the Site Manager. The meeting has to have a Chairman or a stand-in Chairman. Voting follows the pattern of that for Ordinary meetings (see section 4.3 above).

  1. Appointment of Committee Members and Auditor

7.1When

Appointments to, retirements from and continuation of membership of the Committee shall normally take place at the AGM. Appointment to, retirement from and continuation of the post of Auditor shall normally take place at the AGM.

In the event of an unforeseen vacancy arising, a temporary committee member may be co-opted to fill the post until it can be offered formally to all applicants at the next AGM.

7.2 Appointments

Appointments shall be to fill a vacancy or to increase the number of the Committee up to the maximum permitted by the constitution. Each prospective candidate requires a Proposer and a Seconder, both of whom must be Members, to support their application.

Acceptance of the proposal shall require a simple majority of the Members present.

Should there be more than one candidate for a post then the one polling the most votes shall be selected.

7.3 Continuation

Continuation of Committee Membership shall require a simple majority vote of the Members present.

7.4 Retirement

Retirement shall require only a unilateral declaration by the Committee Member retiring.

  1. Dismissal of Committee Members or Auditor

A Committee Member or the Auditor shall be dismissed when found not to have discharged their responsibilities to the full satisfaction of the Committee or acted in such a manner as to bring the Association into disrepute.

Proposals for dismissal must be made by a Committee Member, seconded by another and

voted on by the full Committee (with the exception of the member proposed for dismissal).

The proposal shall be carried if there is a simple majority in favour.

Notice of the initial proposal for dismissal, naming the Member to be dismissed and giving the name of the Proposer and Seconder and the grounds for dismissal, shall be provided to all Committee Members by the Proposer at least two weeks before the meeting at which the matter is considered.

Proposals for dismissals may be considered at Ordinary Committee Meetings, the AGM or an Extraordinary Meeting.

  1. Accounts

The Treasurer is responsible for the Association’s accounts. An Annual Summary of Accounts shall be prepared by the Treasurer for the past calendar year set out in the format defined in the lease. The accounts shall be audited each year and the audited or unaudited Annual Summary of the Accounts, signed by the Treasurer, together with the statement from the Auditor shall be presented at the following AGM.

The Trading secretary is responsible for the Trading accounts. An Annual Summary of Accounts shall be prepared by them for the past calendar year set out in the format defined in the Lease. The Accounts shall be audited each year and the auditedor unaudited Annual Summary of Accounts, signed by the Trading secretary, together with the statement from the Auditor, shall be presented at the following AGM.

Copies of both Annual Summaries of Accounts shall be held in the Association’s files.

  1. Responsibilities of Committee Members and Auditors

10.1 Chair

  • Conducting Committee Meetings and AGM.
  • Represent the Association before other Bodies.
  • Provide signatory duties.
  • Provide a casting vote when deadlocks have been reached.

10.2 Secretary

  • Arrange Committee Meetings and AGM etc.
  • Preparing and distributing minutes of the same.
  • Maintaining the Association’s correspondence and other records, including a database of the current membership and other documents such as present Terms and Conditions and Constitution. Provide Data Protection of all key documents by making available copies (electronic and/or paper) to the Chairperson for safekeeping.
  • Providing Annual site survey returns to the Lessor as required.
  • Preparing and distributing annual rental renewal notices.
  • Together with the Site Manager, process the applications of new Members.
  • Together with the Site Manager, issue warnings and when necessary Notices to Quit to members in breach of the Terms and Conditions.
  • Attendance of and reporting back proceedings from the meetings of the BALGF.
  • Acting as the contact point for the Association.
  • Acting as the agent for the Lessor.
  • Ensuring the Association maintains adherence to the lease.
  • Presentation of the Secretary’s Report to the AGM.

10.3 Treasurer

  • Recording all items of income and expenditure and maintaining an audit trail of same.
  • Ensuring the Association maintains Liability Insurance greater than £2M in accordance to the lease.
  • Management of the Association’s Bank Account(s) and petty cash.
  • Ensuring the prompt payment of BALGF and other membership fees.
  • Preparation of the Annual Summary of Accounts and providing this with all supporting records to the Auditor in a timely manner.
  • Presentation and distribution of audited or unaudited Annual Summary of Accounts to all members at the AGM.

10.4 Trading Secretary

  • Operation of the Trading Hut, including the sale of horticultural supplies and hire of equipment.
  • Purchase and disposal of hire equipment.
  • Security of Trading Hut.
  • Distribution of seed catalogues, receipt of seed order forms and dispatch to seed supplier(s).
  • Receipt of seeds from supplier(s) and distribution to Members.
  • Management of Trading finances and accounts, including maintenance of an audit trail for income and expenditure.
  • Preparation of the Annual Summary of Trading Accounts and provision of this with all supporting records to the Auditor in a timely manner.
  • Presentation and distribution of auditedor unaudited Annual Summary of Accounts to all members at the AGM.

10.5 Auditor

  • To audit the Association and Trading accounts in a timely manner.
  • To provide the Auditor’s Statement for both accounts to the Treasurer and Trading Secretaries in time for presentation at the AGM.

10.6 Site Manager

  • Provide quarterly plot assessments for cultivation, tidiness and health & safety.
  • Providing Annual site survey returns to the Lessor as required.
  • Together with the Secretary, process applications of new Members.
  • Together with the Secretary, issue warnings and when necessary Notices to Quit to members in breach of the Terms and Conditions.
  • Ensure that the plot holders adhere to the Terms and Conditions.
  • Keep communal buildings, water supplies, sewerage and drains safe and working and replace when beyond economic repair.
  • Check that all watercourses are free of rubbish, vegetative material and that no pollutants can enter the watercourses.
  • Maintain an up to date site plan.
  • Maintain all gate notices showing site name and details on where to apply.

10.7 Communications and Community Secretary

  • Display and make available to all members:
    - The Committee structure
    - Constitution and Rules.
    - Names and addresses of the Portfolio Committee Members.
  • Maintain and update the LRA web site in a timely manner.
  • Communicate and distribute information on social events, functions and newsletters
  • Maintain notice boards
  • Act as liaison point for social events.
  • Preparing and distributing minutes of all meetings.
  • Education and Promotion:
    - To raise the profile of the Allotment Association.
    - To encourage and promote individuals to join the Annual BALGFcompetitions.
    - To communicate the aims and goals of Lower Road Allotments to the wider community.

10.8 Committee Members

  • Provide stand-in duties for Designated Committee Members.
  • Provision of assistance and support in the execution of Committee actions.
  • Assist the Site Managers in ensuring Members maintain the site in good order within the agreed Terms and Conditions.
  • Maintain communal areas and communal tools.

11. Dissolution

If the Association ceases to exist and is dissolved:

  • All land, buildings and other permanent structures will revert to the Council.
  • Machinery and equipment bought with rental income will be offered to the Council. In the event that the Council does not require the items, they will be disposed of at the Council's discretion. The proceeds will be split equally amongst plot holders or transferred to the Bromley Allotments and Leisure Gardens Federation for use for the benefit of other sites in the Borough.
  • Machinery, equipment and stock, not bought with rent money or grant funding and therefore belonging to the Association, will be disposed of by the Association – or in default of such action may be disposed of by an agent appointed by the Council .The proceeds, together with all monies held and not derived from rents or grants will be split equally amongst plot holders.
  • All unspent rental money will be paid back to the Council.
  • Any monies paid to the Association by way of a grant will be transferred by written agreement to the Bromley Allotments and Leisure Gardens Federation for the benefit of another allotment site within the London Borough of Bromley or become refundable on demand if requested by the grant funder.
  • Any property purchased by the Association using grant monies and not annexed to the land will be transferred to the Bromley Allotments and Leisure Gardens Federation for the benefit of another allotment site within the London Borough of Bromley.
  1. Biodiversity
  • The aims of Lower Road Allotments are to provide an Ecosystem Biodiversity to maintain and improve the land which will enable wild life and plants to flourish on the site.

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Change Control

Date Version Change

7th August 2003 0.1 Initial draft.

2nd October 2003 0.2 Amended draft incorporating feedback

from Nigel Wooldridge and added design for the

voting form (Appendix 1 proxy)

15th February 2004 1(issue) First issue of the Constitution. Para 7.1

amended to allow for temporary co-opted

committee member.

26th September 2013 2.2 Amended draft - 1. Incorporating revision

of Terms and Conditions. 2. Definitions of

members and associate members, non

designated committee members. 3. Aims

goals. 4. Creation of Site Manager and

Communications and Community

Secretary and setting Rents in November.

5. Format of AGM. 6. Who can call

Extraordinary meetings.

7th October 2013 2.3 Amended draft – 10 Responsibilities of Committee

Members and Auditors – Chair signatory duties, casting

Vote. Secretary Data protection, Joint responsibility with

Site Manager for processing new members, warnings,

Notice to quit, breach of T&C. Treasurer Insurance,

distribution of accounts at AGM.

Site Manager and Communication and Community

Secretaryrolls and responsibilities.

Members to provide stand in for designated Members.

Assist Site Manager, Maintain communal areas and

tools. 11 Dissolution.

24th October 2013 2.5 2nd issue of the Constitution

APPENDIX 1: PROXY VOTING FORM

LOWER ROAD AND KENT ROAD ALLOTMENTS ASSOCIATION

COMMITTEE PROXY VOTINGFORM

I...... (Name) being a Member of the

Lower Road and Kent Road Allotments Committee, hereby authorise

...... (Name of proxy) also a Committee Member,

to vote in my stead at the Committee meeting scheduled for ...... (date)

inregard to the following proposal/issue:-

...... (Signature) ...... (Date)

...... (Print Name)

Issue 2.5