Topic: Constitutions

[Auntie J]

I am the elected secretary of our allotments and have been for the past 20 years being a member for 25 years.

I am having problems with a member who is reluctant but capable of complying with the Rules and states they are not enforceable because there is no constitution, she has been a member for about 4 years and has been reminded that she accepts the rules when she signs up every year and she can't pick and choose which rules she wants to comply with, that has fallen on deaf ears, she is a solicitor and has a major chip on her shoulder, will not see reason and will not comply.
She has even been invited to the AGM to put her case forward but I doubt she will attend.

My question Do we need a constitution to back the rules up, if so how do I and the committee go about getting one written, and what do we need to put in it.

Any help would be appreciated.
Joanna

[tonybloke]

Hi, a little more info first, please.
1, who owns the site, council or private?

I take it your association is NOT a member of NSALG?   http://www.nsalg.org.uk/
tenancy agreements are enforceable (through a solicitor / court) do tenants sign to acknowledge reciept of tenancy agreement each year?

model constitution is available http://www.nsalg.org.uk/uploads/article459/Model%20Rules%20unregistered%20simple%202006%20A4%20format.pdf

hope this helps, regards, Tony, (general secretary, great yarmouth & gorleston allotments association ltd)

[Unwashed]

When you say Rules, are you talking about site Rules like "keep you plot cultivated and weed free", that  kind of thing?  I ask because society constitutions can also be referred to as Rules so it can be a bit confusing.

I'll assume you're talking about the enforceability of the site Rules.

Short answer is that the association constitution is a red herring, but you need the long answer, so can you clarify a few things for me:

1. Your site association manages the site, right?
2. Is the association unincorporated?
3. Who owns the lease on the site? 
4. Do you manage the site under some kind of management agreement?
5. Do you manage the site on behalf of a council, or is it private?
6. Can you say if the allotment acts apply?
7. Does your tenant have a written tenancy agreement?
8. Are the Rules incorporated into the tenancy agreement?
9. What are the Rules that the tenant refuses to comply with, and why does she refuse?
10.  Have you served any kind of notice on the tenat requiring her to comply?

Sorry, you've asked a complicated question.

[Unwashed]

Auntie, this is the third thread you've started on this subject and you haven't come back to any of them.