Constitution
Rules and Constitution of the Association
1. Name. The Association shall be called the Pine Walk Allotments Association (herein after referred to as the Association). It shall be a member of the Bromley Allotments and Leisure Gardens Federation (BALGF)
2. Objectives. The objectives of the Association shall be:-
(a) To promote and encourage horticulture and bio diversity in the Borough of Bromley and The Plaistow & Sundridge area in particular.to encourage as much cultivation by organic means as possible.
(b) To provide facilities at a viable rent per plot where those residents of the Borough of Bromley may further their interest in horticulture and exchange ideas with fellow members and participate in horticultural competitions
as desired.
(c)To ensure that the site at Scott’s Park off of Orchard road known as Pine Walk Allotments is satisfactorily managed and maintained to a good standard.
(d)To promote and maintain cordial relationships within the Allotment community and with all residents of The Plaistow & Sundridge area.
3. Rules of Association and Terms and Conditions of Tenancy. The Rules of Association are to be read in conjunction with the Allotment Tenancy – Terms and Conditions.
The Rules of Association may only be amended at an Annual General Meeting or at an Extraordinary General Meeting. Any proposed changes to the Rules of the Association shall be notified to the membership by the Secretary by means of a written notice as described below and no later than seven days prior to the date of the meeting. The Terms and Conditions of Tenancy are promulgated by BALGF in conjunction with the Council of the London Borough of Bromley on the basis of the lease granted by the Council for Allotment Sites. The Association is therefore required to revise and update the Terms and Conditions of Tenancy in line with any changes notified by BALGF. The approval of an Annual General Meeting or an Extraordinary General Meeting is not required to implement changes to the Allotments Tenancy - Terms and Conditions.
4. Membership. Membership of the Association shall be open to all, but primarily to residents of Plaistow & Sundridge and other residents of the London Borough of Bromley.
There shall be one category of membership - Tenant .Family and friends are welcome to assist the tenant with their allotment but have no rights whatsoever over the running of the Association.
Applications for membership must be made to The Secretary and membership will only be granted after approval of the application by the Committee who may delegate such authority to the Secretary.
Members of the Association undertake to be bound by and abide by the rules of the Association, and the Terms and Conditions of Tenancy and any interim rules the Committee may introduce in the light of circumstances pertaining at the time.
The Committee is empowered to give 28 days’ notice, with reasons in writing, of a termination of tenancy. Membership and tenancy shall terminate on the expiry of such notice i.e. on the 28th day after such written notice has been served. Any disputes arising from notice shall be dealt with in accordance with BALGF procedures.
The Committee shall have the right to suspend or withdraw membership from any person whose conduct, in the opinion of the Committee, is not conducive to the general wellbeing of the Association or who is in breach of these Rules.
In the case of a Member who has failed to renew his/her tenancy by the last calendar day of February each year, the member will be deemed to have terminated his/her right to continue working the plot(s). Any items of equipment (e.g. gardening tools etc) will be stored in the communal secure workshop for the lapsed member to collect by mutual arrangement with any of the key holders of the secure store. Any crops still in the soil are deemed to be forfeit after the last day of February. Where such items are not removed within a reasonable period (not exceeding 6 months) the Committee shall have the right to dispose of them as they see fit and any monies accruing as a result shall be paid into the Association funds as set out in the Allotment Tenancy - Terms and Conditions. Thereafter, the former Member may reapply for a plot but must join the waiting list and will not be guaranteed his/her original plot.
5. Subscriptions. Each member shall pay an annual rent, determined at an Annual or Extraordinary General Meeting for each individual plot - plot sizes may be described as Full, Three Quarters, Half or Quarter which will be set out in the tenancy Agreement. All rents and subscriptions will fall due for payment on 1st of February each year. Any member whose rent(s) or subscription is still outstanding at the end of February the same year will be considered to have terminated his/her membership of the Association and the plot will be re let by the Secretary.
6. Officers of the Association shall consist of Chair, Vice Chair, Secretary, Treasurer, and Site Manager. All Officers are subject to re-election at each AGM – Members present in person may vote for Officers or can appoint a proxy whose name must be notified to the Secretary in writing prior to the AGM. In the event of any Officer position falling vacant, for whatever reason, during the first six months following the date of an Annual General Meeting, the Secretary shall give 28 days’ notice in writing of a Spring General Meeting for the purpose of electing a member to fill the vacant post.
Where the vacancy arises more than six months after the date of an Annual General Meeting the Committee may appoint a Member in an acting capacity to fill the vacancy until the date of the next Annual General Meeting. Where the vacancy is filled in an acting capacity the person concerned must formally seek election by the membership in the manner described above at the next Annual General Meeting.
7. Committee. The Committee shall consist of the Officers and two Committee members. For the purposes of a Committee Meeting there must be a quorum of three, two of whom must be Officers.
The Committee shall be empowered to co-opt where this is considered necessary but that person must be formally elected in the manner detailed above at the first Annual or Extraordinary General Meeting held thereafter.
8. Election of Officers and Committee Members. Officers are elected by show of hands – members who are appointed as proxies can use both hands to vote. Voting will be on a simple majority basis – in the event of a tie, straws will be drawn to select the winner – longest straw wins.
There shall be no limit to the duration an individual may serve as an Officer or Committee Member of the Association but each Officer/Committee Member must seek re-election annually. Where there is no other nominee for a post and the sitting Officer is seeking re-election, he/she will be automatically re-elected.
Where an Officer indicates that he/she does not intend to seek re election and wishes to vacate his/her position at the next AGM and no nomination is received in accordance with these Rules for a replacement, then the sitting Officer shall be invited to continue in Office pro tem. The Chairman or Secretary shall announce to the AGM that in accordance with these Rules, an Extraordinary General Meeting will be convened no later than 28 days from the date of the AGM for the purpose of electing an Officer to fill the post to be vacated.
9. Duties and Responsibilities. All Officers shall discharge the duties of their respective posts - as agreed and set down by the Management Committee - to the best of their ability and in accordance with the Rules of Association. This includes giving a written report at each AGM , EGM or Spring General Meeting listing their activities in the preceding period of time .The Committee shall take an active interest in the concerns of Association members which relate to the cultivation and overall wellbeing of Pine Walk Allotments and shall appoint from within its numbers persons to be responsible for such duties as considered necessary e.g. Plot Inspection, Wild Life Conservation , Perimeter Security Maintenance and the display of information the site Notice Board
10. Annual General Meetings. These shall be held between June & October.
All meetings will held on site to reduce the need for expensive external venues. The Secretary will give notice in writing of an Annual General Meeting no later than 28 days prior to the date on which the meeting is to be held via the Site Notice Board.
Any motion for discussion at an Annual General Meeting must be submitted in writing to be received by the Secretary no later than 14 days after the giving of notice of the meeting and must give the names, addresses and signatures of the persons proposing and seconding the motion. The Secretary shall publish the full Agenda for the meeting no later than seven days prior to the date of the meeting via the Site Notice board.
10a. A Spring General Meeting will be held in March/April to plan work and events for the coming growing season. Officers shall report any significant activity since the last AGM
11. Extraordinary General Meetings. These maybe requested by any Member of the Association who submits good reasons for such a meeting in writing to the Secretary. Apart from EGM’s to select replacement Officers as described in 5 & 6 above all other requests for an EGM are subject to the agreement of the Committee.
12 .Committee meetings .In addition to the AGM & Spring General Meeting, there shall be 4 meetings of the committee in the 12 months following the date of the AGM.
13. Financial Year. The Financial Year shall end on 3rd of August each year. The Treasurer shall prepare an annual statement of the Association Accounts which shall be reviewed by an independent financial examiner and presented to the Annual General Meeting for approval. Any expenditure over £50 must be agreed in advance by a minimum of three Officers of the Association. Payment by cheque requires a minimum of two signatures, both of which must be Officers of the Association and one of which must be that of the Treasurer.
14. Association owned equipment (mowers, brush cutters, strimmers and the like). Members of the Association may only use such equipment after training by a competent Officer of the Association and no equipment, including wheelbarrows, may be taken off of the site unless for the specific purpose of repairing damaged parts. Any damage to wheelbarrows or other equipment must be reported immediately to any Officer of the association. Where there is evidence that such damage is willful or due to negligent use of the equipment the Committee reserves the right to seek recompense from the person who was using the equipment when damaged. Wheelbarrows must be returned to the signed storage points after use and other equipment must be returned to the secure store.
15. Plot Inspections. The Committee will carry out Plot Inspections at any time of the year as they determine appropriate- The Committee will encourage Individual members whose plots are considered to be in need of attention to take some action or provide advice and support if the individual needs help through illness or family commitments. In extremis, they may seek to persuade the Member to give up their allotment for rental to someone who is more able to work the soil.
16. Members’ Responsibilities. Each individual Member of Pine Walk Allotments Association shall undertake to abide by these Rules and the Terms and Conditions of Tenancy as well as any interim rules the Committee may consider necessary to introduce in the interests of good management, safety, general maintenance of the site and care and wellbeing of the Members and the general integrity of Pine Walk Allotments.
Members are responsible for their own wellbeing, safety and courteous conduct for the duration of their presence on the site of any person(s) whom they may bring to the site and who are not Members of the Association.
Each Member shall be provided with the 4 digit code of lock on the gate after acceptance as a Member – this code will change periodically to ensure only bonafide Members have the latest code. Members must lock the gates immediately after entering and leaving the Site.
Bonfires are not permitted at any time without prior permission of an Officer of the Association.
The lighting of bonfires during daylight hours is forbidden – Dusk is the time when bonfires should be ignited and only then when the wind is blowing from a South or South Easterly direction in order to minimize nuisance to local households, nearby road users and Scotts Park School. Permission for bonfires will not be given during arid conditions.
Only non compostable waste, originating from the site, may be burned on site. Domestic and household waste and other materials must NOT be brought to the site for burning.
Members are responsible for maintaining the edges of their individual plots and keeping these trimmed and tidy and ensuring that no plants, bushes etc overhang or encroach upon the pathways and no materials are left on the pathways. Glass paned Green houses and other potentially dangerous items must not be sited near the edge of a plot
Water is supplied via dip tanks and at stand pipes sited for emergency medical use only. The use of hosepipes, or any modification of such, to convey water to a plot from a stand pipe or dip tank is strictly forbidden.
Only water drawn from dip tanks by means of a watering can is to be used for the irrigation of allotments. Members are encouraged to collect rain water from shed roofs and store it in butts to reduce the demand on the metered supply to our dip tanks.
17. Dissolution
If the Association ceases to exist and is dissolved:
• All land, and 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 then they will be disposed of and at the Council's discretion the proceeds will be split equally amongst Members or transferred to BALGF for use on 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 – and the proceeds, together with all money held and not derived from rents or grants, split equally amongst Members; • 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 BALGF 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 BALGF for the benefit of another allotment site within the London Borough of Bromley