Allotments 4 All
Allotment Stuff => Allotment Movement => Topic started by: Auntie J on October 05, 2009, 19:00:17
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Does any member know how to go about setting up a constitution for an allotment association?
I am the secretary of a none council run allotment association and read somewhere that it is advisable to have a constitution, we have a set of basic rules which each member gets a copy of at rent time, is a constitution needed or are the rules enough.
Many thanks
Joanna
Nursery Lane Allotments Uxbridge
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In a nutshell, the Rules are annexed terms of the Tenancy Agreement that deal with what the tenant can and can't do on her allotment. The Constitution is the governing document of the site association that says how the association will conduct its business.
Rules only apply if the tenant has a Tenancy Agreement that says they do, and the Rules can only be changed if the the Tenancy Agreement allows it. There are statutory limits on what Rules you can make, and if the Allotments Acts apply there are some more restrictions still. The Tenancy Agreement also needs to be explicit about how a breach of the Rules can lead to a termination of the tenancy, because without that the Rules have no bite.
An unincorporated association doesn't need a Constitution, but it's a very good idea to have a good one because it can stop a lot of arguments. The Constitution needs to be adopted by resolution of a general meeting of the association. There are a couple of model ones on the NSALG site.
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Auntie, does your site association issue tenancy agreements and own the site lease, or do you just manage the site?
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try this!!
rgds, Tony (gen sec)
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Its also worthwhile to have a constitution in the event that you want to apply for funding or grants. We're just in the process of doing one in our association just now and that is one of the reasons for it. :)
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And even if you're not applying for grant money now, I've seen the requirement that you've been up and running for 12 months minimum, so it can be too late when you want to apply for money.
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The constitution that tonybloke posted is for an Industrial and Provident Society. It's a good way to go if the association owns the site lease because as a body corporate it can own property in its own right rather than via a trust which I understand is more expensive (thought I don't know why). If the association doesn't own the lease then an unincorporated association is a lot simpler because you can put what you want in your constitution. The NSALG have a model constitution for this situation.
Are there other benefits to being an Industrial and Provident Society?
A note on names: an organisation's governing document is customarily called different things depending on the kind of organisation and what it does. For an Industrial and Provident Society it's called its Rules - it's confusing, but this document has nothing at all to do with the site Rules. Clear?
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There is a copy of our constitution at the foot of the page.
http://www.growit.ik.com/p_homenew.ikml
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Auntie, where are the Nursery Lane Allotments in Uxbridge?
We're at different ends of the same borough. I'd been told there were other non-Council sites in Hillingdon, but I've never found any.
Come along to the Hillingdon Allotment & Horticultural Federation's meeting and introduce yourself to everyone.
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There is a copy of our constitution at the foot of the page.
http://www.growit.ik.com/p_homenew.ikml
betty, I can't find a copy of your constitution anywhere on your website?
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There is a copy of our constitution at the foot of the page.
http://www.growit.ik.com/p_homenew.ikml
betty, I can't find a copy of your constitution anywhere on your website?
Tony, I think I must have removed it when I was tidying up the website recently. Would you like me to email you a copy?