Topic: Unlawful eviction from my plot

[mahonia]

Our allotments association have mismanaged our large site by allowing it to be used for storage of building materials and a variety of rubbish which includes asbestos, chemical drums, old tyres, batteries and there are several large open water tanks. The business people regularly dump stuff on the site and dispose of it by burning.

One of their large fires contained a quantity of asbestos which showed in the ashes as a white snow with visible fibres. The association had the plot ploughed and is now let.

The local council sent a letter to the association making a formal complaint about the mess and told them they are in breach of the lease and must clear up the mess. The association have ignored the council.

The association applied for a car park on the site, which was refused by council planning department, but the association have gone ahead with a car park anyway.

The association evict tenants with weedy plots but ignore the large number of derelict plots which should be cleared and put back to cultivation.

There is a waiting list of more than 50.

In September 2009 I made a formal complaint to the local council, the landlord, about the mess and the asbestos burning incident.

This resulted in the association making serious allegations of theft against me and since then they have attempted to evict me twice even though their allegations are false and without any evidence whatsoever.

The association have carried out a personal vendetta and smear campaign against me and their latest threat is a court injunction for trespass if I remain on my plot.

I am not going to give up my plot without a fight.

The local MP, local newspaper and the council are all now involved.

The association in my opinion has acted unlawfully throughout and at no time have they considered my rights and their duty of care to look after the plot holders and the land.

The association operate in secret and take decisions behind closed doors and have become a dictatorship. They have refused to provide details of the constitution, tenancy agreement and minutes of meetings.

During 2010, the chairman, trustees and site manager have all resigned and the Committee are now few and desperately trying to hang on to their power.

We have concerns that the association funds are dwindling rapidly but we are unable to find out why.

We are now forming an action group to get these people out and clean up the allotments.

I would welcome anyone's views on this very sad story, which is an example of how badly devolved management can go wrong.

If there are any asbestos experts out there, please let me know.

I have plenty of video and photo evidence of the asbestos fire and derelict plots.

[pumkinlover]

I can only sympathise :(
But I know that the first question you will be asked is  whether the site is private or council owned?
Anne

[aj]

And whereabouts are you?

[elvis2003]

sounds like you have put in to place plenty of good measures already,hope this gets sorted and peace reigneth over your site for all concerned once again

[saddad]

You need to contact the NSALG for legal advice...  :-X

[mahonia]

The allotments are council owned land which is leased to the association through a lease agreement which does state that the land must only be used for allotments and no business uses are permitted.

Also the lease states that no car parking is allowed on the land and no car parking spaces may be established.

I am an NSALG member and they are aware of these problems.

Does anyone know the correct lawful procedure to remove the last remaining management who are mainly pensioners age about 74 and should have gone long ago.

I am a young 64 year old pensioner, determined to enjoy my allotment.

Can anyone advise the correct lawful procedure to vote the 'management' out? Bearing in mind that we do not have a copy of the Constitution?

[grawrc]

Most allotment associations have agms where there is an election for management committee members.

[Sinbad7]

If it was me I would call an EGM, you need to inform the committee and have 9 plot holders (that's what our society need to have one) to call one.  If you look up an EGM you will see what you can do.  I would also inform the council of your intentions.  Hopefully you have the council on your side.

Sinbad

[mahonia]

Thank you Sinbad. we have at least 12 plot holders so far, so we will discuss the idea of an EGM.

I am not sure about the council as they have been very quiet and not showing much interest.

Our allotments site is the only one in the borough with a devolved management and the other 12 allotment sites are council managed and they are well run.

[Digeroo]

Do the council or the bank have a copy of the constitution.  Is the number of people required for an EGM normally a certain percentage of members? 

[grawrc]

Who does have a copy of the constitution? Each member should. It ought to have a provision for an AGM with election of committee and provision for and EGM if (off the top of my head I think it is 9 members for us but could vary depending on the size of the site) if enough members request it.

Ask for a copy of the constitution. You are entitled to have it.

[Sinbad7]

The council and your committee must have the constitution.  I could find mine  tomorrow if you like but think Digeroo could be right about the percentage of members.

All members should have a copy of the constitution when they take up a plot on a devolved site.

Also your site must have insurance and all plot holders are entitled to a ' duty of care', which having and burning asbestos on the site doesn't sound very good from the H&S aspect to me, might be worth looking into that.

[davyw1]

As members of your association you have the right to view your constitution,
so a number of you go to the hut/shop and demand to see it and make it quite clear that you are not leaving till you do. If they threaten to call the police then encourage them to do so as members you have the right to be there legally, if the police do attend then they should assist you in allowing you to read/photograph the constitution.  Before you call an EGM you need to view the constitution to find out how many members it takes to call one.
Draw up an agenda with the points for discussion IE; Election of a new committee.
You need to get the number of members (they must be members) required to sign  the proposed agenda and submit it to the secretary he should then call a meeting within 28 days.
If they do call a meeting then all who signed to call the EGM MUST attend otherwise the meeting can not go ahead.
At the same time as you submit the proposed agenda give the committee a letter signed by all the members that if no meeting is called the members will take it that there is no pressent committee and will change the locks on on the hut/shop etc and a new committee will be formed.

Remember only what is proposed on the agenda for an EGM may be discussed so get it right.

If the pressent committee have allowed asbestos to be tipped on the allotments then they have broken the law as you need a licence. This is also an environmental problem so contact them.

You also have the right to view the association accounts if they refuse then threaten them (in a Nice way of course ) that if you are not allowed to view them then you will get a solicitor to apply for possesion for them to be audited by an accountant.

[mahonia]

Thank you all for your helpful advice.

As the association have refused us a copy of the Constitution, I have asked the local council to obtain a copy as they have a right to see it as I understand.

Members are not allowed to see any documents and they are not allowed to attend Committee meetings or see the minutes.

Apart from this, we are most concerned about the flagrant abuse of the land with various materials being brought onto the site and either dumped or burned in large fires.

The Borough Council are well aware of this as they have been onto the site on may occasions and know about the asbestos etc. But they have not enforced the lease, which they should.

Meanwhile we have an allotments site which is being spoiled and plot holders are being intimidated and bullied if they speak out.

Also like me they are threatened with eviction.

Back in the summer, there was a rumour that the association had changed the constitution to protect the management from personal liability if they were to be sued. Of course I cannot verify this.

[tonybloke]

Thank you all for your helpful advice.

As the association have refused us a copy of the Constitution, I have asked the local council to obtain a copy as they have a right to see it as I understand.

Members are not allowed to see any documents and they are not allowed to attend Committee meetings or see the minutes.

Apart from this, we are most concerned about the flagrant abuse of the land with various materials being brought onto the site and either dumped or burned in large fires.

The Borough Council are well aware of this as they have been onto the site on may occasions and know about the asbestos etc. But they have not enforced the lease, which they should.

Meanwhile we have an allotments site which is being spoiled and plot holders are being intimidated and bullied if they speak out.

Also like me they are threatened with eviction.

Back in the summer, there was a rumour that the association had changed the constitution to protect the management from personal liability if they were to be sued. Of course I cannot verify this.

firstly, you are ENTITLED IN LAW to see / have a copy of your constitution (have a chat with nsalg)
'phone the environment agency to report any dumping / treating of waste on your site (up to £20 K fines)

keep us informed of progress (we're a trunky lot)

rgds, Tony

[Digeroo]

Back in the summer, there was a rumour that the association had changed the constitution to protect the management from personal liability if they were to be sued. Of course I cannot verify this.

I would not have thought that this was possible.    I do not think any consitution can protect you from personal liability in the case of mismanagement.  To change the consitution would need an EGM. 

Of course members are entitled to see documents.  If nothing else they are probably bound by the freedom of information act.
'An Act to make provision for the disclosure of information held by public authorities or by persons providing services for them ...'#

But you are members so should certainly be entitled.  Suggest you ask politely in writing. 

Asbestos is very dangerous stuff.  I would be very concerned that the entire site is contaminated.  Suggest next time there is a fire that you call the Fire Brigade.  We had a builidng site opposite our house and they kept burning things and in the end left a fire burning one Saturday morning with the smoke blowing in our direction.  The fire brigade not only dealt with the fire but agreed to notify all sorts of people and there were no more fires.  It was lucky I called them because it flared up suddenly just before the Fire Brigade arrived. 

[mahonia]

I reported the asbestos on the fire to the council environment protection team and they came to the site straightaway and told the association management not to burn waste and to dispose of the various materials including the asbestos at the council recycling plant which deals with toxic waste. The environment protection team sent a letter with instructions to the association.

However the association went ahead and had the fire. I am unable to establish who did the burning and if they had permission, but the fact is I have been trying to get the association to ban all fires. The allotments are on the east side of the town with housing on two sides and homeowners are not happy with the smoke and they have made complaints but they are ignored.

Following the fire and later the 'cover up' by ploughing the plot, I asked the council to investigate and they promised in a letter that they would let me have a copy of their report.

That was 6 months ago and in spite of reminders they have not responded.

I was on the allotments this afternoon and I learned that more people were being evicted merely because they had weedy plots. I looked at the plots and in my opinion they were still under cultivation and had winter crops. I was told that the 74 year old lady who is acting chair has decided she wants a plot for a summer bbq and another for selling produce. She is the one who does plot inspections.

After the chairman resigned back in May, the lady decided to promote herself from secretary to acting chair.

[tonybloke]

you really need to get a copy of your association constitution!!!!

this MUST be your first priority.
rgds, Tony (General Secretary, GY&GAALtd)

[davyw1]

They cant evict you without a court order, stand your ground and make it clear that you are not moving without one. They will have to apply through a solicitor to get a court order and no judge will issue one unless there is good cause and i dont think having weeds in your garden would be good enough.
Get your fellow plot holders to make a stand, you are within the law on what i sugested erlier.

[Mr Smith]

The asbestos burning alone is a serious offence and I don't think the H&S executive would be to pleased if it got to their ears,