The previous Fulham Palace Meadows Allotment Association Constitution is rescinded

FULHAM PALACE MEADOWS ALLOTMENT ASSOCIATION LTD

RULES

1. The name of the Association shall be The Fulham Palace Meadows Allotment Association.

2. The Registered office of the Association shall be Bishop’s Avenue, London SW6 6EA.

3. The Association’s Aims are to:

(i) to encourage skills and good practice in horticulture for members and the wider community

(ii) promote the good health of the public, through the provision of allotments for horticulture

(iii) To manage and maintain the allotments site in good condition for the long term benefit of residents of the London Borough of Hammersmith and Fulham.

4. The Objects of the Association shall be:

(i) to promote the interests of allotment holders;

(ii) to support the development of the allotment movement both locally and nationally;

(iii) to buy and sell goods and to lease land for the benefit of members of the

association;

(iv) to support the aims of the allotment movement both locally and nationally so that the Association’s aims can be strengthened.

(v) to let land to members to be cultivated by them as allotments;

(vi) to enter into agreements on behalf of and in the interests of members of the Association;

(vii) to determine any dispute that may arise between members or between a member and the Association;

(viii) to treat all members equally under these rules and by-laws of the Association, irrespective of age, gender, sexuality, race, or belief;

(ix) to secure by all lawful means as may be necessary the provision and tenure of allotments;

(x) to take reasonable steps to ensure the health and safety of members at all times when they are on land leased by the Association.

The Association shall have full authority to do such things it deems necessary or expedient for the accomplishment of its aims and objectives.

Membership

5. The Association shall consist of all existing members and such persons as the Management Committee may from time to time admit to membership. Membership is open to residents of the London Borough of Hammersmith & Fulham. Members may be required to pay an annual subscription, not exceeding £60, as determined by the Management Committee.

6. All members shall hold one share only in the Association, which shall be forfeited when membership is terminated for whatever reason. A group of individuals holding joint membership shall be entitled to one share and they shall nominate the individual shareholder.

Associate membership may be available to non-plotholders, such as registered helpers and elderly former members, at an annual subscription as determined by the Committee; associate members will not be issued a share in the Association.

The Committee may confer Honorary Membership at its discretion.

7. Those accepted for full membership of the Association shall be entitled to one share and a copy of these rules and the by-laws and regulations of the Association. All members are required to abide by the rules and by-laws of the Association.

8. Membership shall cease automatically

(a) when a members submits his/her resignation to the secretary in writing

(b) when a member dies, unless jointly held

(c) when a member, without prior agreement with the Committee, has failed to pay the required annual rent or subscription within 28 days of the last day of the period in which rents or subscription are due, this period to be fixed by the Committee and published on the Association’s notice boards.

(d) When a member is expelled from the site for non compliance with the rules or by laws as determined by the Committee.

Expulsion of members

9. If, after investigation, the Committee decides to expel a member for breach of the rules or by-laws, or for any other conduct detrimental to the interests of the Association, the member shall be given written notice of the reason for expulsion, sent to the address entered in the register. The member has the right within 30 days of receiving such written notice to request a personal hearing in front of the committee at which he/she can be accompanied by another member or a friend. The Committee may then decide whether to confirm its original decision to expel or to impose such other penalty or warning as it thinks appropriate.

Register of Members

10. The Association shall keep at its Registered Office, a register of members in which the secretary shall enter the following particulars:

(a) The name, address and contact number of all members, it being the responsibility of each member to inform the secretary of any changes;

(b) The date each member joined the Association and date of termination;

(c) The names, addresses and contact numbers of the officers and committee members of the Association and the date on which they took office

(d) The number of each allotment leased to the member and the date on which the member took responsibility.

(e) The share number held by the member.

Shares

11. Shares in the Association shall not be transferable or withdrawable. Shares in the Association prior to the registration of these Rules shall be cancelled and one share (of value 0.1p) shall be issued to each member at the rent-taking following the registration of these rules and to each new member. The secretary shall register all shares in the register of members, and shall be responsible for cancellation of shares under rules 5, 7 or 8. No shares shall carry any interest or confer any right of dividend.

Meetings

12. All share-holding members are entitled to attend and vote at special general meetings and annual general meetings of the Association and are entitled to stand for election as an officer of the Association or member of the Management Committee.

13. The Annual General Meeting (AGM) shall normally be held within 5 months after the end of the financial year (December) at such time and place as the Committee decide. The purpose of the meeting is: to approve the minutes of the previous AGM; to approve the annual accounts of the Association; to consider proposals to amend the Rules; to decide matters of general policy; and to elect (or re-elect) officers and members of the Committee. The Management Committee (members and officers) shall retire at the AGM each year and shall be eligible for re-election.

14. Members will be advised of the date of the forthcoming AGM on rent days. Any matter which a member wishes to place on the Agenda of the AGM must be submitted to the Secretary not later than 28 days prior to the AGM. Notice of the AGM and its Agenda shall be published on the Association’s notice boards at least 21 days before the meeting No accidental failure by the secretary to distribute this information to any member shall be reason for the meeting to be invalid.

15. At the AGM, the quorum shall consist of 20 members excluding Officers, but no meeting shall become incompetent to transact business for want of a quorum once the Chair has opened the meeting.

16. A Special General Meeting (SGM) of the Association may be called at any time upon request being given in writing to the Secretary signed by at least 40 members of the Association stating the business to be transacted. Matters which can be raised at a SGM are restricted to those matters set out on the stated in the SGM request. The meeting shall be held within one calendar month of the receipt of a request by the secretary for such a meeting. Notice of the AGM and its Agenda shall be published on the Association’s notice boards at least 21 days before the meeting. At the SGM, the quorum shall consist of 40 members of the Association.

17. Voting At the annual and special meetings, every member to the Association shall, on a show of hands, be entitled to one vote. Proxy votes shall not be allowed under any circumstances. All votes, including the election of officers and committee members, will be decided on a simple majority of all members eligible to vote. The chair of the meeting may exercise the right to a deliberative or, if the votes are equal, a casting vote, but not both.

18. Officers of the Association The Association shall have the following officers: chair, vice-chair, secretary, assistant secretary and treasurer. In the event that no nominations are received then the incoming Management Committee shall elect one of its number to the vacant position. Should any of the officers resign or be unable to continue in post at any time, then the Committee has the power to appoint a committee member to hold the position until the next AGM.

Management Committee

19. The Management Committee shall be composed of the officers of the Association together with up to 17 other members elected at the AGM. The Committee has the power to co-opt voting members onto the committee up to this number between AGMs. The Committee shall have the power to invite up to three persons who are not plot holders but who have expertise valuable to the association to serve as ex- officio members of the Committee.

20. Removal from Office Any officer or member of the Committee may be removed at any time by a resolution of the majority of members voting at a special general meeting called for that purpose. The meeting shall have the power to fill the vacancy.

21. Powers of the Committee The power and responsibility for managing the business of the Association shall be vested in the Management Committee. Unless otherwise provided by these rules or prohibited by statute, the Management Committee shall have the power to act on behalf of and in the interests of the Association according to its aims and objects (3 and 4). The committee may from time to time make by-laws relating the tenancy of the allotment site provided no such by-laws shall be inconsistent with these rules. New by-laws must be communicated to members in writing or by email.

22. Regular meetings of the Management Committee will be held, at least nine times a year. The quorum at a Management Committee will be 9 members. All questions will be decided by a majority of those present, no member having more than one vote. In the event of equal votes, the chair shall declare the proposal not carried. Committee meetings are open to all members to attend as non-speaking, non-voting observers. Minutes will be available for inspection at the registered office. Any committee member who fails to attend 3 consecutive meetings without providing a valid reason will be considered to have left the committee.

Finance

23. The Treasurer shall be responsible for maintaining the accounts of all income and expenditure of the Association. He/she shall submit a financial report to each meeting of the Management Committee and arrange for annual accounts to be prepared for approval by the Annual General Meeting. All cheques shall be signed by two registered signatories from amongst the officers of the Association.

24. The income shall be used for the following purpose and no other purposes:

(a) for payment of expenses of managing land and buildings acquired or erected, including payment of rent, rates, taxes, utilities, stock and goods, and other like outgoings

(b) for payment of expenses of repairs and improvements from time to time made by the Association on such land or buildings

(c) for the creation of a Special Reserve Fund, of a size to be determined by the Committee, so that such reserve fund shall be available for any purpose authorised by this Rule but for no other purpose

e) for payment of expenses of managing the Association and for the benefit of members generally, in such manner as the Management Committee may decide.

25. All profits shall be used for purposes outlined in rule 25 and for no other purpose. The Association shall not contract loans or receive money on deposit from members or any others.

Audit

26. The members shall vote annually, at the Annual General Meeting, to have, when

necessary in law, or where the membership require, an audit carried out by a registered auditor, or an audit carried out by two or more lay auditors, or a report carried out by a registered auditor, or un-audited accounts, where the conditions for such prevail.

27.  If a full audit or a report is required, a person who is a qualified auditor under section 7 of the Friendly and Industrial and Provident Societies Act 1968 shall be appointed.

28. The qualified or lay auditors, if so appointed, shall not be officers of the Association and nor shall they be partners of, or in the employment of, or employ, an officer of the association. Lay auditors shall be chosen by the Management Committee from the general membership and/or other.

29. If the membership vote for unaudited accounts, the Association’s income/expenditure ledger shall be scrutinised by the secretary and Committee members and signed, as a true record, by the secretary and two Committee members or such other members as may be required by legislation.

An income/expenditure report will be presented to the Association’s members at each AGM.

30. Annual Return Every year, and within the period prescribed by statute, the secretary shall send to the Financial Services Authority the annual return relating to its affairs, in the form prescribed under the Industrial and Provident Societies Act 1965 for the period, together with:

(i) a copy of the report of the auditor or other appropriate person on the Association’s accounts, as required by statute for the period included in the return;

(ii) a copy of each balance sheet made during that period and of the report of the

auditor or other appropriate person on the balance sheet as required by statute.

31. Inspection of books Any member of the Association shall be allowed to inspect his own account, and the accounts of the Association at the registered office of the Association, by arrangement with an officer of the Association.

32. Affiliation The Association is affiliated to the National Society of Allotment and Leisure Gardeners, Ltd. No decision to disaffiliate from the NSALG shall be taken except on proposal agreed by the AGM.

33. Dissolution The Association may at any time be dissolved by the consent of three quarters of the members by their signatures to an instrument of dissolution or by winding up the Association in a manner provided by the Industrial and Provident Societies Acts.

Rules

34. It shall be the duty of the Management Committee to provide a copy of these Rules and the Association By-Laws and Regulations to each new member of the Association.

35. Any rule or by-law of the Association may be amended or rescinded, or any new rule or by-law be made, by a resolution of which proper notice has been given and which is agreed by a majority of the votes cast at the AGM or a meeting specially convened under these rules for that purpose.

36. No amendment of these Rules shall be valid or have any effect until the Management Committee has received confirmation from the Financial Services Authority or its successors that the change has been registered.

37. Any matters not provided herein shall be dealt with by the Committee at their discretion.