Is our Committee legal?.

[grandad]

Hi all
I could not attend our AGM this year due to illness but have just recieved the minutes. It was specified to everyone before the meeting took place that "All" non members wives partners ect. would have to sit away from the meeting and have no input. It was stressed that only members could vote in the new committee but when I read through the list I found that one lady who`s huband is the plot holder and is the only one that can vote. The lady has proposed the Chairman and seconded the Treasurer can this be a legal committee?.
Grandad.

[Unwashed]

What do you want to achieve here Grandad?  It's not strictly right, but your options to do anything about it are very few.  What's at the heart of this?

[grandad]

Hi UNwashed I have no hidden agenda here my concerns are that the chairman is the one who is issueing notices to quit to people on site.
Grandad.

[Unwashed]

Then that's the issue really.

If the Chair gives someone a Notice to Quit on her own authority without a minuted resolution of the committee it's very likely to be ineffective anyway.  If the committee decide to send the notice and the Chair signs it then it's a potential loophole if the Chair wasn't properly elected, and it's also questionable whether the Chair has authority to sign the notice anyway as by rights it should be the Secretary.

But the fundamental question is why the Chair is giving people Notice to Quit.  I think this is the thing to get to the bottom of.

[Trevor_D]

I agree. (See the other thread about respective duties.)

The Chairman runs the meetings; the Secretary writes the letters - but for things like notice to quit,  only on instruction from the Committee. And there are several legal steps which have to be adhered to: you can't just throw someone out.

[grandad]

Hi our Secretary is in place in name only the chairman signs all letters and makes all the decisions. In the last two years he has given notices to quit to four plot holders who have broke no rules at all and placed members of his family on the vacant plots. His most recent is a young lad who has had a plot since the age of 12 and is now nearly 17 in the time he has had his plot he has won lots of awards for his produce and the condition of his plot. He has now had notice stating that because he is not 18 he cannot no longer keep his plot. His aunt has always stood as guarantor for him and in all this time he has never caused any trouble and has been a credit to young people of today.I have offered to share my two plots with him but I don`t think this is the sort of treatment they  should be giving him the young are our gardeners of the future.
Grandad

[tonybloke]

where in the country are you? Is your association affiliated to NSALG?

[grandad]

Hi.
We are in North Staffs. Yes I have been to N.S.A.L.G. and our local council but when the City Allotments Officer is a personal freind of our chairman I keep hitting a brick wall and get the standard reply that because you are a self managed site they cannot get involved.
Grandad

[tonybloke]

are YOU a member of nsalg, either directly (as an individual member) or through your association?

[Robert_Brenchley]

This sounds dreadful. You could try going to a local councillor. If that doesn't work try the local press.

[grandad]

Hi
I got in contact with our local councillor and he was a bit disgusted to say the least he has got me in to see the Chief Executive of the Council on Wednesday this week so fingers crossed we can get something sorted out. The young man is up to his neck in exams at the moment and I don't think he needs to be worrying about his allotment.
Thanks Grandad

[marcitos]

I, too, have problems in North Staffs. Would like to know CEO's response.

"are YOU a member of nsalg, either directly (as an individual member) or through your association?"
NSALG won't advise individual plotholders who are in dispute with Committees, even if you are contributing to the Association's membership via plot rent.

There is very little support for individual plotholders in disputes with self managed committees.