leases and trustees

[joicey]

Please could you help our allotment association with some advice on leases and trustees:

Do the trustees that are named on the lease need to be on the allotment committee?  If they are not on the committee how can they influence the management of the allotment?  If they are on the committee are they automatically selected (which seems undemocratic) or can they be voted off

How are trustees chosen?

Can the trustees named on the lease be changed on an annual basis and how many trustees are needed?

Are the trustees legally liable for any action taken against the allotment association if the association has public liability insurance?

[joicey]

[davyw1]

In virtually every common law jurisdiction, trustees have certain duties (some of which are fiduciary). These include the duty to carry out the express terms of the trust instrument, the duty to defend the trust, the duty to prudently invest trust assets, the duty of impartiality among the beneficiaries, the duty to account for their actions and to keep the beneficiaries informed about the trust, the duty of loyalty, the duty not to delegate, the duty not to profit, the duty not to be in a conflict of interest position and the duty to administer the trust in the best interest of the beneficiaries. These duties may be expanded or narrowed by the terms of the instrument creating the trust, but in most instances cannot be eliminated completely.
A Trustee can be any one that is asked to become one, they have no power or say as far as the running of an allotment is concerned they don,t
even have to be a member of your association.
They are not liable for any thing they are there purely to hold a document in trust.
Iff you choose to change the trustees names this has to be done through a soliciter which will cost you every time you do it.
I think two Trustees are required to sign the document.

[djbrenton]

As an unincorporated body can't enter into leases, trustees are required and must satsfy the requirements made by the council or other land owner. In the case of our lease, the council requires 4 trustees who must have been a member of our association for 5 years, be free from bankruptcy and criminal records and resident within the City. Their only financial jeapardy being for any unpaid rent due under the lease if the Association reneges on such payments. On death, responsiblity of any single trustee passes to their estate. To vary the leaseholders requires a reassignment of the lease which costs currently about £100. Trustees are not responsible for the management of the site or any debts outside of the terms of the lease itself.

[PurpleHeather]

http://www.theallotmentsandgardenscounciluk.org.uk/

These people can offer assistance and their membership fees are reasonable