Paca Constitution 27 Sept 2007

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CONSTITUTION OF THE PITSHANGER ALLOTMENTS CONSERVATION ASSOCIATION. Adopted on the third day of October 2001

A.

Name The name of the Association is PITSHANGER ALLOTMENTS CONSERVATION ASSOCIATION (PACA).

B.

Administration Subject to the matters set out below the Association and its property shall be administered and managed in accordance with this constitution by the members of the Management Committee, constituted by clause I of this constitution ("the Management Committee").

C.

Objects The Association’s Objects ("the Objects") are: (1) Administration of the terms of the Lease granted to it by the London Borough of Ealing (the Council). (2) Conservation and stewardship of the premises known as Pitshanger Allotments, in the London Borough of Ealing, ensuring its designation as Community Open Space and use as allotment land for the long term. (3) Enhancement of its use as Allotment Gardens for the benefit and enjoyment of the Members, and the local community. (4) Promotion to Members and the local community, of good, organic, and sustainable horticultural practices, in harmony with nature and the local environment. (5) Facilitate open air physical activity with a productive and good health promoting objective. (6) Provide a safe, secure, accessible, and well managed premises with infrastructure and facilities for: (i) The cultivation of vegetables, fruit, and flowers. (ii) Other appropriate horticultural and Allotment Garden activities, including creatively designed plots, and the good husbandry of chickens, ducks, geese, and rabbits. (iii) The promotion, organisation, and support of Educational and Social activities.

D.

Membership, Rents, and Subscriptions (1) Tenants must be members of the Association. (2) Rents and subscriptions are due on 1st. October each year, and must be paid within 21 days. (3) The Management Committee shall give twelve month notice of any alteration to rent or subscription amounts, by letter to the member’s last known address, or by fixing a notice in a prominent position on the site. (4) Membership of the Association shall be open to: (i) individuals (over the age of 18 years), who have signed a tenancy agreement with the Association, as set out in clause E of this constitution, and have paid the rent laid down from time to time by the Annual General Meeting (any such person being called in this constitution a "tenant member"), and (ii) any body corporate, or unincorporated association, the representative of which has signed a tenancy agreement with the Association, as set out in clause E of this constitution, and has paid the rent laid down from time to time by the Annual General Meeting (any such organisation being called in this constitution a "tenant member organisation"), and

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(iii) individuals (over the age of 18 years) who are interested in furthering the Association’s work, and who have paid any annual subscription laid down from time to time by the Annual General Meeting (any such person being called in this constitution an "associate member"), and (iv) any body corporate, or unincorporated association, which is interested in furthering the Association's work and has paid any annual subscription laid down from time to time by the Annual General Meeting (any such body being called in this constitution an "associate member organisation"). (5) Every member shall have one vote. (6) Each "tenant member organisation", or "associate member organisation", shall appoint an individual to represent it and to vote on its behalf at meetings of the Association, and may appoint an alternate to replace its appointed representative at any meeting of the Association if the appointed representative is unable to attend. (7) Each "tenant member organisation", or "associate member organisation", shall notify the name of the representative appointed by it and of any alternate to the Secretary. If the representative or alternate resigns from or otherwise leaves the member organisation, he or she shall forthwith cease to be the representative of the member organisation. (8) The Management Committee may unanimously and for good reason terminate the membership of any individual or organisation, provided that the individual, or the appointed representative of the organisation, concerned shall have the right to be heard by the Management Committee, accompanied by a friend, before a final decision is made. E.

Tenants’ Rules, Tenancy Agreement, and Notices. (1) The Rules, Tenancy Agreement, and Notices, form part of this constitution and are set out in Appendix 1. (2) All tenants of the Association shall sign two, up to date, copies of Appendix 1, to say they have read, and accept, the terms of the Tenancy. One copy is to be retained by the tenant, the other is to be retained by the Management Committee. (3) If any alterations to Appendix 1 are agreed, in accordance with clause Q of this constitution, all Tenant members shall sign two copies of the revised Appendix 1.

F.

Annual General Meeting (1) There shall be an Annual General Meeting of the Association which shall be held before the end of September each year. (2) The Management Committee shall call every Annual General Meeting. The Secretary shall give at least 21 days' notice of the Annual General Meeting to all the members of the Association. Any proposals for changes in rent or subscription charges shall be included in the notice. All the members of the Association shall be entitled to attend and vote at the meeting. (3) The Chairman of the Management Committee shall be the chairman of the Annual General Meetings but if he or she is not present, before any other business is transacted, the persons present shall appoint a chairman of the meeting. (4) The Annual General Meeting shall elect the members of the Management Committee, specified in clauses G, H, and I, of this Constitution. Nominations for election to the Management Committee must be made by members of the Association. Nominations must be in writing and must be in the hands of the Secretary of the Management Committee at least 7 days before the Annual General Meeting. Should nominations exceed vacancies, election shall be by ballot at or before the Annual General Meeting. (5) Each Annual General Meeting shall decide the rent and subscription charges, giving at least twelve months notice of any changes. (6) At each Annual General Meeting after the first the Management Committee shall present for adoption the report, and accounts of the Association for the preceding year.

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(7)

At each Annual General Meeting the Management Committee shall present for adoption the Business Plan for the following year. The Management Committee shall also present for adoption, draft Business Plans for succeeding years.

G.

Honorary Officers At each Annual General Meeting of the Association the members shall elect from amongst themselves a Chairman, a Secretary, and a Treasurer, They shall hold office from the conclusion of that meeting.

H.

Other Officers The Management Committee may propose to the Annual General Meeting the election and duties of other Officers, such as a Fund Raising Secretary. The other Officers shall become members of the Management Committee.

I.

Management Committee (1) The Management Committee shall consist of not less than 4 members nor more than 9 members being: (i) The 3 Honorary Officers specified in clause G. (ii) Other Officers specified in clause H. (iii) Not more than 5 members elected at the Annual General Meeting. (2) The Members of the Management Committee shall hold office from the conclusion of the Annual General meeting at which they were elected. (3) The Management Committee may, in addition, appoint not more than 3 co-opted members, but the number of co-opted members must not total more than one third of the Management Committee. Coopted members shall be members of the Association. (4) All the members of the Management Committee shall retire from office together at the end of the Annual General Meeting next after the date on which they came into office but they may be reelected or re-appointed. (5) The proceedings of the Management Committee shall not be invalidated by any vacancy among their number or by any failure to appoint or any defect in the appointment or qualification of a member.

J.

Determination of Membership of Management Committee A member of the Management Committee shall cease to hold office if he or she: (i) becomes incapable by reason of mental disorder, illness or injury of managing and administering his or her own affairs; or (ii) is absent without the permission of the Management Committee from all their meetings held within a period of six months and the Management Committee resolve that his or her office be vacated; or (iii) notifies to the Management Committee a wish to resign (but only if at least three members of the Management Committee will remain in office when the notice of resignation is to take effect).

K.

Powers In furtherance of the objects, but not otherwise, the Management Committee may exercise the following powers: (i) power to manage Pitshanger Allotments according to the terms of the lease given to the Association by the London Borough of Ealing (the Council), including the issue, administration, and termination, of Tenancy Agreements to its members; (ii) power to raise funds and to invite and receive contributions, provided that in raising funds the Management Committee shall conform to any relevant requirements of the law;

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(iii) power to buy, take on lease, or exchange, any property necessary for the achievement of the objects, and to maintain and equip it for use; (iv) power, subject to any consents required by law, to sell, lease, or dispose of, all or any part of the property of the Association; (v) power to co-operate with, and support, charities, voluntary bodies, and statutory authorities, operating in furtherance of the objects, or of similar purposes, and to exchange information and advice with them; (vi) power to do all such other lawful things as are necessary for the achievement of the objects. L.

Meetings and proceedings of the Management Committee (1) The Management Committee shall hold at least two ordinary meetings each year. A special meeting may be called at any time by the chairman or by any two members of the Management Committee upon not less than 4 days' notice being given to the other members of the Management Committee of the matters to be discussed but if the matters include an appointment of a co-opted member then not less than 21 days' notice must be given. (2) The Chairman shall act as chairman at meetings of the Management Committee. If the chairman is absent from any meeting, the members of the Management Committee present shall choose one of their number to be chairman of the meeting before any other business is transacted. (3) There shall be a quorum when at least one third of the number of members of the Management Committee for the time being or three members of the Management Committee, whichever is the greater, are present at a meeting. (4) Every matter shall be determined by a majority of votes of the members of the Management Committee present and voting on the question but in the case of equality of votes the chairman of the meeting shall have a second or casting vote. (5) The Management Committee shall keep minutes, in books kept for the purpose, of the proceedings at meetings of the Management Committee and any sub-committee. (6) The Management Committee may from time to time make and alter rules for the conduct of their business, the summoning and conduct of their meetings and the custody of documents. No rule may be made which is inconsistent with this constitution. (7) The Management Committee may appoint one or more sub-committees consisting of three or more members of the Management Committee for the purpose of making any inquiry or supervising or performing any function or duty which in the opinion of the Management Committee would be more conveniently undertaken or carried out by a sub-committee. All acts and proceedings of any such sub-committees shall be fully and promptly reported to the Management Committee.

M.

Receipts and expenditure (1) The funds of the Association, including all rents, subscriptions, donations, contributions, and bequests, shall be paid into an account operated by the Management Committee in the name of the Association at such bank as the Management Committee shall from time to time decide. All cheques drawn on the account must be signed by at least two members of the Management Committee. (2) The funds belonging to the Association shall be applied only in administering the terms of the Lease and furthering the objects.

N.

Accounts The Management Committee shall be responsible for the accuracy of the accounts, and their presentation to an independent examiner prior to each Annual General Meeting.

O.

Special General Meetings (1) The Management Committee may call a special general meeting of the Association at any time.

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(2) If at least five members request such a meeting in writing stating the business to be considered the Secretary shall call such a meeting. (3) At least 21 days' notice must be given. The notice must state the business to be discussed. P.

Procedure at General Meetings (1) The secretary or other person specially appointed by the Management Committee shall keep a full record of proceedings at every general meeting of the Association. (2) There shall be a quorum when at least one tenth of the number of members of the Association for the time being or ten members of the Association, whichever is the greater, are present at any general meeting.

Q.

Alterations to the Constitution This Constitution, including the Tenancy Agreement and Rules, may be altered by a resolution passed by not less than two thirds of the members present and voting at a general meeting. The notice of the general meeting must include notice of the resolution, setting out the terms of the alteration proposed.

R.

Dissolution If the Management Committee decides that it is necessary or advisable to dissolve the Association it shall call a meeting of all members of the Association, of which not less than 21 days' notice (stating the terms of the resolution to be proposed) shall be given. If the proposal is confirmed by a two-thirds majority of those present and voting the Management Committee shall have power to realise any assets held by or on behalf of the Association. Any assets remaining after the satisfaction of any proper debts and liabilities shall be given or transferred to The London Borough of Ealing or its successor body provided it agrees to keep Pitshanger Allotments as Community Open Space and maintain it as Garden Allotments for the long term, failing that the assets shall be applied to some other horticultural charitable purpose.

APPENDIX 1 RULES. Tenants must be members of the Association, as specified in section D of this Constitution. Tenants of an allotment garden shall: 1. Keep the allotment garden free of invasive weeds, in a good state of cultivation and fertility, and in good condition. 2. Not cause any nuisance or annoyance to the occupier of any other allotment garden, or adjoining property or obstruct or dig up any path set out by the Association for the use of the occupiers of the allotment gardens. Maintain roadways and keep them to a width of at least 2m wide, other paths to be kept to a width of 0.75 metre. 3. Not underlet, assign, or part with the possession of the allotment garden or any part of it. 4. Obtain the written consent of the Association, to cut or prune any trees on the plot or site, and shall not take, sell, or carry away any soil, mineral, gravel, sand or clay. 5. Keep every hedge that forms part of the allotment garden properly cut, trimmed, and keep all ditches cleared. 6. Not erect any building on the allotment garden without first obtaining the written consent of the Association. The specifications of any building are set out in Schedule 1 of this Appendix. 7. Not use barbed wire for any fence adjoining a path set out by the Association for the use of the occupiers of the allotment gardens. 8. Observe and perform any other special condition which the Association consider necessary to satisfy any lease or to preserve the allotment garden from deterioration and of which notice to applicants for the allotment garden is given in accordance with these rules, provided that no special condition made under this paragraph shall have the effect of prohibiting or restricting the keeping of hens or rabbits.

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9.

Not permit any dog, except for a guide dog or other registered assistance dog belonging to the tenant or under his or her control, to be upon any allotment garden. 10. Not permit any possible contamination of the water supply. For example by allowing a hosepipe to lie on the ground in such a way that, in the event of a failure of the water supply causing negative pressure, material may be sucked into the hosepipe and thus possibly contaminate the water supply. 11. Not permit any bonfire to cause nuisance or annoyance to any other plotholder or occupier of neighbouring property. 12. Not bring onto any allotment plot any material, which has originated outside of the site, for disposal by burning, or any other method, other than for making safe and effective compost for use on the plot. 13. Not bring vehicles onto the site except for the purpose of loading or unloading tools and equipment. Tools and equipment must be unloaded promptly and vehicles removed as soon as this has been completed. 14. Any officer of the Council, or person authorised by the Management Committee to do so, shall be entitled at any time to enter and inspect an allotment garden. 15. The tenancy of an allotment garden shall, unless otherwise agreed in writing, terminate on the yearly rent day next after the death of the tenant. 16. The tenancy of an allotment garden may be terminated by the Management Committee, by re-entry after thirty day’s notice: (i) if the tenant is not duly observing the Rules affecting the allotment garden, or any other term or condition of their tenancy, or (ii) if the rent is in arrears for not less than 21 days or if the tenant becomes bankrupt or compounds with their creditors. The tenancy may also be terminated by the Management Committee, or tenant, by giving not less than twelve months' notice in writing, expiring on the Thirtieth day of September in any year. Any notice may be served on a tenant either personally, or by leaving it at their last known address, or by a letter addressed to them there and sent by ordinary post, or by fixing the notice in some conspicuous manner on the allotment garden. SCHEDULE 1 Specification for sheds & greenhouses erected on Pitshanger Allotments. 1. SHEDS :a) 1800mm long x1200mm wide. b) Pent roof 1800mm high at front, 1500mm high at rear. c) Ridge roof 1950mm high ridge, 1500mm high eaves. d) Roof to be 13mm softwood tongued & grooved or similar with roofing felt securely fixed and battened. e) Minimum of one window. f) Building to be constructed in framework of softwood with tongued & grooved or weathered cladding in red cedar or treated softwood. g) Door to be a minimum size of 1800mm x 750mm to match cladding timber. h) Floor to be tongued & grooved or similar. i) The whole building to be on timber bearers on concrete slabs. 2. GREENHOUSES :a) 1800mm long x 1500mm wide. b) Ridge roof 1950mm to ridge, 1200mm to eaves. c) All aluminium or metal construction. d) Lights to be clear Perspex or similar ,- not glass, corrugated Perspex or plastic sheeting. e) If a base cladding is required, this should be in sympathy with the remainder of the structure.

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SCHEDULE 2 Notices and Tenancy Agreement. 1. NOTICE TO QUIT FOR NON CULTIVATION. Pitshanger Allotments Conservation Association.

Plot No.: …………

Today’s Date: ……………………. Dear I notice that you are not fully cultivating the Allotment Garden for which you signed a tenancy agreement with this Association. Under the terms which the plot was let, you are required to keep the plot free from weeds and in a good state of cultivation and fertility. I have not received any notification that you intend to comply with the terms under which the plot was let to you. In the circumstances, I hereby give you thirty days notice of termination of your tenancy of Plot No.: ……., the notice period commencing from today’s date, as written on this letter. Any items on the plot which are legally your possessions should be removed within this notice period. Yours sincerely,

…………………………………… Secretary, Pitshanger Allotments Conservation Association.

2. NOTICE TO QUIT FOR NON PAYMENT OF RENT. Pitshanger Allotments Conservation Association.

Plot No.: …………

Today’s Date: ……………………. Dear According to the Association’s records you do not appear to have paid the rental of £……….. for the year 2…….. and your payment is now more than twenty one days in arrears. Under the terms which the plot was let to you I hereby give you thirty days notice of termination of your tenancy, the notice period commencing from today’s date, as written on this letter. Any items on the plot which are legally your possessions should be removed within this notice period. Yours sincerely,

…………………………………… Secretary, Pitshanger Allotments Conservation Association.

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3. TENANCY AGREEMENT Pitshanger Allotments Conservation Association. Plot No.: .………… Tenancy Agreement between the Pitshanger Allotments Conservation Association and Name: …………………………………………………………. Address: ………………………………………………………. ………………………………………………………. ………………………………………………………. ………………………………………………………. ………………………………………………………. ‘Phone No.: ………………………………………….. Email: ………………………………………………… I, the undersigned, hereby make application for membership of the Pitshanger Allotments Conservation Association and tenancy of Plot No. …………… being …………….. Sq. Rods. Strike out if I hereby also apply for a rental concession. not required. I conform to the criteria required for granting a rental concession. I have received a copy of the Association’s Constitution. I hereby sign to say that I have read and agree to abide by the Rules of the Association as specified in Appendix 1. I also agree to pay to the Association the current rental subscription for this year, and the rental subscription for subsequent years, determined by the Annual General Meeting, as specified in clauses D and F of the Constitution. Applicant:

Signed: …………………………. Date: …………………………….

On behalf of the Pitshanger Allotments Conservation Association:

Signed: ………………………….Secretary.

Date: …………………………….

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