St. Margaret's Allotments Association, Durham City

CONSTITUTION AND MEMBERSHIP AGREEMENT

1. Name. The name of the Association shall be St. Margaret's Allotments Association.

2. Objects. The objects of the Association shall be:

(i) To promote the interests of all members in their gardening activities and to take joint action for the benefit of members.

(ii) To conduct negotiations with the local authority and private landlords for the use of gardening land.

(iii) To take action to protect members against damage, trespass and theft.

(iv) To take action necessary to comply with the Association's duties as the tenant of the site.

(v) To obtain a supply of seeds, fertilisers, tools and other horticultural equipment on behalf of the members.

(vi) To arrange lectures, film shows, demonstrations, competitions and other social events.

(vii) To take such other actions as may be in keeping with the objects of the Association.

3. Membership. The Association shall consist of all co-tenants of St. Margaret's Allotments who are in good standing and those whose applications for membership are approved by the committee.

4. Subscriptions. Every member shall pay on entry into the Association an annual subscription of £1 (or whatever sum is decided at the preceding Annual General Meeting) renewable on October 1st. in each year. By joining and paying the subscription members shall be taken to have indicated their willingness to abide by the Constitution of the Association.

5. Rents. Members will pay their share of the rent agreed between the Association and the Landlord in full by October 1st. in each year. Rents and subscriptions are to be paid to the Treasurer or such other person as is appointed by the Committee, preferably by cheque made out to St. Margaret's Allotments Association. Cash payments must be made in person, and a receipt will be issued.

6. Tenancy Agreement. Members shall be individually bound by the common tenancy agreement between the Association and the Landlord. Anyone failing to respect any clause of the tenancy agreement, and thereby jeopardizing the collective contract, shall be subject to a plot inspection by a group consisting of at least three members of the Committee. The group shall issue a written notice stating what corrective action needs to be taken, after which the member shall have one month to take such action. Members choosing not to comply with the terms of the agreement after due notice shall forfeit their membership of the Association and tenure of their plot, unless they can provide a satisfactory explanation to the Committee in writing.

7. Bonfires. No bonfires shall be lit between 1 April and 4 November. Between 5 November and 30 March, bonfires must conform with the Association's Guidelines, as periodically circulated to members.

8. Arrears. Any member who is one month in arrears with his or her subscription and/or rent shall be held to have ceased to be a member and forfeit their plot, unless satisfactory explanation is given to the Committee in writing, and is accepted by them. To regain good standing in the Association, members in arrears must pay what they owe and have their applications for membership renewal accepted by the Committee.

9. Officers. The Officers of the Association shall be a President, a Chairman, a Secretary, a Treasurer, and such other officers as the Annual General Meeting may establish. They shall be elected at each Annual General Meeting. Retiring Officers shall be eligible for re-election.

10. Executive. The affairs of the Association shall be conducted by a Committee of Management of no fewer than six members, meeting as and when business requires. The Officers shall be ex-officio members of the Committee. The Committee shall retire at the Annual General Meeting but shall be eligible for re-election. Casual vacancies shall be filled by the Committee and the members so appointed shall hold office until the next Annual General Meeting. A Quorum shall be four members. Times, places, and agenda of Committee meetings shall be posted on the Association's noticeboard and any member will be welcome to attend and participate.

11. Policy. Any question of policy shall be referred to and decided by a meeting of the membership. Members will be given due notice of the time, place, and purpose of such meetings via the Association's noticeboards.

12. General Meetings. The Annual General Meeting shall be held at such a time as the Committee or a General Meeting shall decide. Twelve members shall form a quorum for ordinary business but twenty members must be present for a vote to change the Constitution to be valid. At the meeting, the audited accounts and the Secretary's Report shall be submitted and the Officers and Committee for the ensuing year be elected.

Ordinary General Meetings shall be called by the Committee as business requires. Special General Meetings shall be called upon the requisition in writing to the Secretary of at least ten members. No party political or sectarian discussions shall be raised or resolutions proposed at either Committee or General Meetings.

13. Bank Account. The Treasurer shall open a banking account in the name of the Association and all monies received from any source on behalf of the Association shall be paid into such an account. Cheques shall be signed by one of two signatories.

14. Auditors. An auditor shall be appointed who is not a member of the Committee, to audit the accounts and report thereon to the Annual General Meeting.

15. National Society. The Association is a member of the National Society of Allotment and Leisure Gardeners Ltd. Annual affiliation contributions shall be paid from the Association's membership subscription income.

Adopted 11 January 1990; amended 27 November 1992, 8 October 1999, 14 November 2007.

 


Extract from the Contract between the Association and the Diocese

"5. THE Tenant shall be responsible for the management of the Allotment and in particular

(a) the Tenant shall keep the Allotment in an orderly and tidy condition and remove any rubbish

(b) the Tenant shall maintain the footpaths and common parts of the Allotment

(c) the Tenant shall maintain all hedges and trees in the Allotment and may plant further hedges and fruit trees (but no other species of trees) for the enhancement of the Allotment

(d) the Tenant shall keep all gates and fences in good and substantial repair

(e) the Tenant shall ensure that each of the plots comprising the Allotment (with the exception of the association Plot) is let to a member of the Tenant and is properly cultivated well manured and free from weeds and noxious plants [and] in good heart

(f) the Tenant shall ensure that no buildings are erected on the Allotment except for a maximum of one shed and one greenhouse of a size not exceeding 9' x 6' in each case on each plot their design and siting to be approved by the Tenant

(g) the Tenant shall ensure the proper maintenance of existing and any future buildings on the Allotment

(h) the Tenant shall prescribe rules to be observed by its members regulating their use and occupation of the Allotment such rules to incorporate the provisions of this Agreement so far as applicable thereto

6. THE Tenant shall ensure:-

(a) that the Allotment is not used for the purposes of any trade or business but shall only be used as allotment gardens

(b) that no nuisance or annoyance is caused to the occupier of any adjacent or neighbouring land

(c) that no animal shall be kept or let loose on the Allotment

(d) that no gun firearm or weapon shall be carried on the Allotment

(e) that no advertisements placards or notices shall be displayed on the Allotment except for notices affixed to the Association's four official notice boards

(f) that immmediate notice is given to the Landlord of any encroachment onto the Allotment

(g) that no fencing is nailed to any trees nor any other damage is done to timber or timberlike trees

8. THE Tenant shall not underlet (except to bona fide members of the Tenant) or part with or share possession or occupation of the Allotment or any part thereof.