Topic: Rights of Association Members

[beetroot bob]

I am about to begin my second year on my allotment and have a question that I would like some advice on. At the AGM I requested a copy of the rules and constitution and my request was refused. I asked when they were agreed by the association but the committee could not tell me when or give any evidence. it then transpired that 6 people were at the meeting when the committee was agreed as well as the rules and who knows when the constitution was agreed.

The association has around 25 members and none of the members have seen the constitution and were normally given a copy of the rules when they were in breach of them for weeds.

So do I have a right to a copy of the constitution and rules and are they Valid?
 

[Unwashed]

When you say rules, do you mean things like "no bonfires on a Friday" that kind of thing?

[goodlife]

Absolutely you have right to have them..if there is rules that you have to live by..they should provide those rules so you can follow them..
Member have right to see minutes of the AGM..although not necessary a copy.
Committee is elected 'body' so members have right to know who they have elected to look after their interests...

[kt.]

You are entitled to a copy of the rules.  I give all new allotment holders on our site a copy of their tenancy agreement and Rules and Regulations.  For rules that change or added, a piece of paper with the amendment is given to all plot holders at the time of rent renewals, when they pay.  Any rules that are agreed to be amended or added are done so annually, unless it is in the interest of safety.

You are entitled to view the minutes of committee meetings and the AGM.  You cannot be given notice or warnings if you have not had site of policies. 

[beetroot bob]

Well the commitee do not appear to keep minutes and when asked for a copy of the Constitution I was informed it had been agreed and I could not get a copy as everone had already been given a copy.

I am due to pay my dues this Sunday and believe that I should be given a tennancy agreement to sign and assume the rules and constitution should form part of the contract. last year I got a reciept on a scrap of paper.

There are some lovely people on the site, most of whom do not want to turn up at meetings as the secratary and his wife (who is not a member)tend to be rather aggressive and confrontational.

So should the tennancy agreement have the rules and constitution attached?

[pumkinlover]

I give every new member a copy of the rules and they have to sign to say they have them and agree to abide by them. All existing members had copies when they were first written and agreed by committee and discussed at the AGM.
Constituition available for any one that wants it.
What you are talking about  is the sort of thing that happens on some sites though I am afraid. ???

[Robert_Brenchley]

The only solution is to get some people mobilised and vote in a new committee.

[aj]

We get a copy of the rules every year, with our name at the top and a request for the £ and who to write the cheque out for. Only time I ever use a cheque.

Otherwise, how do you know what you are signing up to?

Tell them you are thinking of having chickens, goats, a 30ft polytunnel and sinking a borehole for water; and see how quick the rules are delivered to your house.

[Unwashed]

The rules that apply to you are the ones you were given when you took on the plot.

The rules have to be in plain English without any legal jargon or references to acts of paliament and such.  The rules can't go further than necessary to protect a legitimate interest of the landlord, and the landlord must take into consideration your interests when making the rules.

In general the rules can't be changed and if there's a clause in the agreement that says they can, well they can't, not unless the clause is very tightly written so that you know exactly what kind of change to expect.

To change the rules you really need to be given 12 months Notice to Quit and then given another tenancy agreement.

If the rules aren't part of the tenancy agreement then there needs to be some evidence that you had a copy before signing the tenancy agreement or they just won't apply.

You don't sign a new tenancy agreement every year, plots let under the allotment acts must (in effect) be let on an annual periodic tenancy which renews automatically each year, and that's likely how private allotments are let too.

Most of this is true because of the Unfair terms in Consumer Contracts Regulations 1999 so if you got your plot before then your position is somewhat weaker.

[mahonia]

I suggest you read my topic ' Unlawful eviction from my plot ' which gives another example of a committee gone wrong. It is so sad that this happens when all we want to do is garden our plots in a community atmosphere and support each other.

Where I do my voluntary work at Pepenbury on their Food4Thought project, there is a lovely chap there who is chairman of a Southborough allotment association and he runs it openly, fairly and properly and they have a good community spirit.

I think our problem is that the association has too much money and you know what that can do to some people.

Anyway, good luck with your problems and I am sure A4A would help you as much as they have helped me.