Topic: allotment legalities.

[johnnymac]

I belong to a very close knit allotment society with 62/3/4/5/6/7 allotments where the 'secretary' and his wife who is 'treasurer' castigated, ridiculed and humiliated me at our recent AGM because, as a recently elected member of the committee, I have tried to ask questions regarding the financial dealings etc of the Society but cannot get any answers. In fact the 'sec' or 'tres' both now refuse to speak to me. What I would like to know is :-  Do allotment secretaries LEGALLY have to keep records relating to the financial dealings of the Society for a period of 6 or 7 years as in business and if required to produce those documents, how long do they have to comply with that request?   I have some figure produced by them which do not add up and I am willing to take Legal Action to get the answers I and other allotment holders require. 

[goodlife]

Do allotment secretaries LEGALLY have to keep records relating to the financial dealings of the Society for a period of 6 or 7 years as in business

Yes..and each year appointed accountant should check all the receipts and other financial papers and produce yearly balance sheet for the trading account..this should clearly show all the profits, loss, cost of sales, expenses etc...end up showing  your society's assets. Obviously this balance sheet doesn't show details of every receipt but is just overall for whole financial situation.
This evidence of accounts have to be signed by secretary to be 'true record' and witnessed by committee member...this is legal document and it have to be available for tax purposes!!
Copies for the balance sheet should be available for all members. In our society we read the sheet in AGM and copy given for each member as well..and we have further copies available in our 'trading shed' should anybody need some.

and if required to produce those documents, how long do they have to comply with that request?   I have some figure produced by them which do not add up and I am willing to take Legal Action to get the answers I and other allotment holders require.  

Allotment society's documents do not belong to secretary or treasure..though one of them may hold them for record keeping..but if requested papers should be there to members for view (as they belong to society).
Usually it should not be necessary as the use of appointed 'accountant' ('third' person) is to ensure that all checked and fine.
If you think there is some foul play taken place..perharps enquiring legalities from FSA would help..or they could point you into right direction.
First point of action that I would take is make a letter...send (recorded delivery) copy of it for secretary and treasurer..clearly stating what you are requiring from them..give a time scale for their action. Make it all official so there is no 'getting away'..it is formal request from committee and from members.
If they should refuse..meeting can be called for members and secretary and treasurer can be then 'sacked' by majority vote (this meeting have to be recoded and singed by witnesses to be true record of the meeting)...bank contacted and informed these people are not in position anymore and accounts freezed until new people are elected in place. You can then investigate further and if you find evidence of foul play..bring up charges.
Of course it is different matter how to actually physically get hands on all the papers...but copy of overall accounts should be available from taxman..that's if its been sent there in first place...if not, then its even more serious matter that is dealt by authorities and people that has been in position to look after your society's accounts are in trouble.

That's a best I can do for you..not been in that situation. But being treasurer..I would expect and advise any member approaching me  in legal matters to do so with letter as any correspondence would go into our 'records' for future reference and as evidence, should further legalities arise.

[goodlife]

Are you or the society members of NSALG or Gargen Council?..they will be able provide legal help.

[grawrc]

We have an updated financial statement at our monthly meetings from the treasurer. At the end of February the year's accounts go to the auditor (an accountant) who checks them and signs (along with the treasurer). They are presented for scrutiny at the AGM in March.

[Trevor_D]

I think it depends on how your allotment society has been set up.

We are a totally independent site - i.e. non-Council - and are a registered mutual society. So the Secretary has to fill in an annual return to them, which includes a copy of our financial statement. This is prepared by the Treasurer for the AGM and is audited by an accountant; copies are available at the AGM for the members. The copy for the FSA also has to be signed at a Committee meeting by the Treasurer and at least one other, non-officer, Committee member. The Treasurer also gives the Committee a regular update on the finances and Committee minutes are posted on the notice boards. Any member has the right at any time to ask to inspect both accounts and minutes. (Though no-one has!)

But I suspect that not all societies are as closely regulated as this. A search on the FSA website will tell you whether or not you are registered with them; but I think a phone call to NSALG is a must.

[antipodes]

Ours is run as an association, with an elected committee and an annual AGM where the accounts are out for all to see. All the documents are available for members' scrutiny. But I think the system in the Uk seems different.