Topic: Constitutions

[Auntie J]

Do any other members know how to go about setting up a constitution, we are a small in dependant site owned by the local Church, who do nothing at all for the site, we have 101 members and 150 plots and 1 empty one.

We do have a set of Rules but have been advised that a constitution would enhance the rules and give some meaning etc.

Anyone with any ideas.
Thanks
Joanna
 :)

[Unwashed]

Auntie, just so I understand what you're asking for:

You have a site association, right?  And the association doesn't have a written constitution, right?  That makes it no less valid, but if you deal with external organisations, particularly ones that might want to give you a grant, then they will often ask for a formal constitution.

But when you say you already have Rules, what do you mean?  Rules that govern the association and say things about how to elect the committee and what you can spend money on, or are they rules that govern the tenants' use of their allotments, like keeping the plot weed free and not obstructing the path?  The two things are totally differnt, but they're often both called 'Rules'.

[Unwashed]

Here's a start, it's got all the things you're likely to want in the constitution of an unincorporated association.  I'm happy to edit it for if that helps so that it reflects what your association does.

Constitution
Some Such Allotment Society Constitution

1. Name.
a) The name of the association is the Some Such Allotment Society.

2. Objects.
a) To promote the interests of members in their gardening activities and to take joint action for the benefit and protection of members.
b) To promote allotment gardening, and the sharing of knowledge about gardening and allotment-management in order to promote success in our allotmenteering.

3. Aims.
a) To establish and maintain a democratically elected and representative Committee of Management to facilitate and develop the Objects.
b) To work with the Church landlord on all matters affecting the allotments.
c) To sell seeds, fertilizers, tools and other horticultural equipment to members, and to arrange lectures, film shows, demonstrations, competitions and other social events, by ourselves and in cooperation with other organisations.
d) To foster community on site, and foster cooperation between sites and other organisation.

4. Powers.
a) To further the Objects the Society may co-operate with other organisations and exchange information and advice, and
b) Raise funds by any lawful means except permanent trading, and
c) Accept gifts for the general purposes of the Society or for a specific purpose within or connected with the Objects, and
d) Do anything within the law that is necessary in carrying out the Objects.

5. Membership
a) Membership is open to any person who wishes to further the Objects.
b) Members with an allotment at Some Such allotments have one vote at General Meetings.
c) Members shall respect the democratic will of the membership and the legitimacy of decisions made by the Committee.
d) The Committee shall have the right for good and sufficient reason to terminate the membership of any member.
e) A member whose membership is terminated shall have the right to appeal to the Complaints Panel, which will consist of the senior elected members of the Committee (Chairman, Secretary and Treasurer). Where the Complaints Panel is satisfied after hearing the case put by or on behalf of the member concerned that the member should leave the Society it may terminate that membership by written notice and that notice is final.
f) A member may resign their membership at any time.
g) The Treasurer must keep a full list of members.

6. Subscriptions
a) Every member shall pay an annual subscription of such amounts as the Committee decides from time to time. The annual subscription is due immediately following the AGM. Any member who is in arrears for more than six weeks without good cause shall be held to have resigned their membership.

7. General Meetings
a) There must be an Annual General Meeting of members of the Society every calendar year in the Autumn. At the AGM the members will
b) Receive the Committee’s report for the previous year,
c) Receive the Treasurer’s report and accounts for the previous year,
d) Elect the Committee for the following year,
e) Elect a person who shall act as auditor by undertaking an independent review of the financial records of the Society,
f) Determine any other matter of which notice has been given or which members wish to raise.
g) Extraordinary General Meetings may be held at any time if called by the Committee or if at least twenty members of the Society make such a request to the Committee. An EGM must be called within two weeks of such a request.
h) A General Meeting requires 7 days notice to be given to the members specifying the matters to be dealt with.
i) The Chairman of the Committee, or in their absence some other person elected by the meeting, will take the chair at General Meetings
j) Every question is decided by a simple majority of the votes cast.
k) A quorum at a General Meeting is 4.

8. The Management Committee
a) The Committee is the body responsible for the management of the Society.
b) The Committee shall consist of a minimum of five and a maximum of twelve.
c) The members of the Committee are elected annually at the Annual General Meeting and normally hold office until the end of the AGM the following year.
d) A member of the Committee who resigns by written notice to the Committee ceases automatically to be a member of the Committee.
e) The Committee may co-opt additional members as necessary.
f) Members of the Committee will at all times act in the best interests of the membership and the Committee will make its best endeavours to inform and consult the members as appropriate.

9. Officers of the Society
a) The Officers of the Society will be the Chairman, Secretary and Treasurer.
b) These Officers will be elected by majority vote by the new Committee.

10. Committee Procedures
a) The Committee must meet at least twice in every calendar year. A meeting of the Committee may be called by the Secretary at any time on seven day’s notice.
b) A quorum at Committee meetings is three.
c) Every question is decided by a simple majority of the Committee members present and voting at a meeting.
d) The Committee must keep minutes of its meetings and proceedings and keep safe all records relating to the Society.
e) The Committee may make rules to govern its own proceedings so long as they are not inconsistent with the provisions of the constitution.

11. Committee Nominations
a) Members of the Committee are eligible for re-election.
b) Nomination shall be proposed and seconded.

12. Finance
a) All funds belonging to the Society may only be used in furthering the Objects.
b) The Committee shall maintain an account for the Society at a Bank or Building Society and make regulations governing the signatories (of which there must be at least two) on such accounts. All money received by the Society shall be paid into this account.
c) No member of the Committee shall receive any payment or other benefit from its funds except for reasonable out of pocket expenses properly incurred for the purposes of the Society.
d) The Committee is responsible for the keeping of books of account and for the preparation of an annual report and annual statement of accounts for the Society.

13. Amendment of the Constitution
a) The provisions of this constitution may be amended at a General Meeting by resolution passed by two-thirds of the members present but:
b) Notice of terms of the proposed amendment must be given with the notice calling for the meeting.

14. Dissolution
a) The Society may be dissolved at a General meeting by resolution passed by a simple majority of members present.
b) In the event of dissolution the members of the Committee holding office will remain responsible for the orderly winding up of the affairs of the Society.
c) After paying or making provision for all debts and liabilities of the Society the Committee shall transfer any remaining assets to the organisation most able to further the Objects.

[tonybloke]

have you been in touch with NSALG? http://www.nsalg.org.uk/

they have a set of 'model rules' of association[attachment=1]

hope this helps   ;)

[Unwashed]

Tony, that one's for an Industrial and Provident Society and some of the wording isn't right for an unincorporated association, though most of the terms work just fine.  I think the NSALG have a suitable model, but the wording is rather stuffy IMHO.

[tonybloke]

Tony, that one's for an Industrial and Provident Society and some of the wording isn't right for an unincorporated association, though most of the terms work just fine.  I think the NSALG have a suitable model, but the wording is rather stuffy IMHO.

'National' also do a model for unincorporated society, but I don't have a copy of that one!!

[Unwashed]

Here it is.

[tonybloke]

thanks Simon. saved it now  !!

[Isleworth]

Hi,

Not sure if it helps but it may be worth looking at other Allotment Association's constititions...

If you wish to view ours, you can find it on our website: http://www.parkroadallotments.org.uk