Cromarty Allotments & Gardens Society - Constitution

Incorporating minor changes agreed at meetings of the Society held on 23 July and 20 August 2009, subject to approval by the 2009 AGM in September.

(The constitution may also be downloaded as a 60kb PDF file)

1. NAME 

The Society shall be known as the Cromarty Allotments and Gardens Society (hereinafter ‘The Society’) 

 2. OBJECTS 

a)  The objects of the Society shall be: 

(i)  to support and encourage gardening of all kinds, especially the growing of food.
(ii)  to support gardeners by obtaining funding, acquiring, maintaining and sharing tools, equipment, seeds, plants, land, or other resources
(iii) to promote, create, develop, manage and supervise the suitable provision of allotments in Cromarty and its surrounding district, for the benefit of the members of the Society and the wider community
(iv)   promote and represent members’ interests and to encourage good relations with neighbours, relevant organisations (including the Highland Council) and the wider community.
(v)   to provide opportunities for the public to learn about allotments and gardens and their cultivation.

b)  In pursuit of these Objects, the Society shall be non-political, non-sectarian and non-racial. 

 3. POWERS 

a)  To further the above objects, the Society may:  

(i) employ and pay any person or persons to supervise, organise and carry on the work of the Society
(ii) engage and pay fees to professional and technical advisers/consultants to assist in the work of the Society
(iii) work together in partnership with representatives of voluntary organisations, government departments, local and other statutory authorities and individuals
(iv) take out membership of any organisations as are considered to be in the interests of the Society
(v) promote and carry out or assist in promoting and carrying out research, surveys and investigations and publish the results
(vi) arrange and provide for the holding of exhibitions, competitions, meetings, lectures, classes, seminars and training courses for members of the Society, the local community or the general public
(vii) collect and disseminate information and exchange such information with other bodies having similar objects
(viii) produce and circulate documents, audio or visual materials or digital information to further the Society’s objects
(ix)  acquire and maintain seeds, plants, tools and equipment and make these available for use by members of the Society.  Tools and equipment are to be kept in secure location(s) and maintained for the use of Society members by a nominated (or elected or paid) individual.
(x)  purchase, take on lease or exchange, hire or otherwise acquire any property and any rights and privileges considered appropriate for the promotion of the objects and construct, maintain and alter any buildings considered appropriate for the work of the Society
(xi) make regulations for the management of any property, which may be so acquired
(xii) sell, let, dispose of or turn to account all or any of the property or assets of the Society
(xiii) raise funds by inviting and receiving appropriate contributions from any person or persons by way of subscription or otherwise, or by accepting gifts on such terms and on such security as shall be deemed to be appropriate
(xiv) invest the funds of the Society not immediately required for the objects in or upon such investments, securities or property as may be thought fit
(xv) do all such other lawful things as are incidental or conducive to the attainment of the Objects 

4. MEMBERSHIP 

a)  Ordinary Membership shall be open to all individuals over the age of 16 years, families and non-profit organisations resident within the Cromarty Community Council area, and whose fees are fully paid by the date of the Annual General Meeting (AGM).  Only Ordinary Members have a right to vote at General Meetings.  Non-voting membership may be extended to other individuals or organisations at the Committee’s discretion. 

b)  The Annual Society membership fee for the following year shall be determined at the Society’s AGM. Members will be notified of any proposed changes in fee, at least four weeks prior to the AGM. 

c)   Allotment holders must be full members of the Society and must undertake to cultivate their allotment in accordance with the Society’s rules. 

d)  In addition to the Society Membership Fee, members renting allotments may need to pay rent for the land itself to the landowner.  The Society will manage any allotments sites overall and negotiate such rents on members’ behalf. 

e)  The Society will maintain an Allotments Waiting List if necessary.  This will be maintained in a strict, consecutive manner, by the Secretary.  In adding names to the Waiting List, the Secretary will employ an equal opportunities policy. The Secretary may refuse to add to the Waiting List any person known to have been expelled from an Allotment Society elsewhere. 

f)  The Committee shall have the right for good and sufficient reason (for example, antisocial behaviour or persistent non-cultivation of an allotment) to terminate a member’s membership and where appropriate, allotment lease, provided that the member concerned shall have the right to be heard by the Committee before this step is taken.  The Committee shall develop a formal procedure to follow in such cases. 

5. MEETINGS 

a)  General Meetings shall be held on the third Sundays of May and September. The September meeting shall be the Annual General Meeting when the election of executive and ordinary committee members shall take place, 10 members being a quorum.  Additional General Meetings may be held if so decided by the Committee. 

b)  The Agenda for each General Meeting will include an item for other relevant business to be raised by members without prior notice.  

d)   A majority of the Committee, or 15 or more ordinary members may call for an Extraordinary General Meeting by requisition in writing to the Secretary. Such meetings shall be held within one month of receipt of notification.  

e)  Notice of any General and Extraordinary Meetings together with the Agenda shall be posted on the 

Community Council Notice Board at least two weeks prior to the meeting. 

 6. MANAGEMENT COMMITTEE  

a)   Society members shall elect at the AGM a Committee consisting of 12 members, including the offices of Convenor, Vice-Convenor, Secretary, and Treasurer.  

b)   Office bearers shall be appointed for a period of three years and may stand for re-election. Committee members shall be elected annually and may also stand for re-election.  All Committee members may be subject to removal at any time by a simple majority of ordinary members present at a quorate General Meeting.  

c)   The Committee shall manage the affairs of the Society between General Meetings but shall carry out any instructions given to them by a majority of Members at a General Meeting.  

d)  The Committee shall meet at least twice between the May and September General Meetings. When only two such meetings take place they shall be separated by at least one month. 

e)  The Committee shall have the power to co-opt additional members to serve until the next AGM when they must stand for election.  Co-opted committee members must be drawn from the Society’s membership. 

f)  The Committee shall have the power to appoint such sub-Committees as it may from time to time decide, and shall determine their powers and terms of reference. 

g)  The management committee shall appoint and fix the remuneration of  any paid staff as may in their opinion be appropriate. Paid staff shall not be members of the management committee. 

h)  If the Committee, by a majority, decide at any time that it is necessary or advisable to dissolve the Society, it shall call an Extraordinary General Meeting of all members of the Society. Notice of a meeting to dissolve the Society shall be not less than four weeks, and shall state the terms of the resolution to be proposed. 

7. RULES AND PROCEDURES AT MEETINGS 

a) Chair:  All meetings will be chaired by the Convenor, or if necessary by a substitute agreed by those present. 

b) Voting:  All votes will be decided by a simple majority of the Members present.  The Chair has both a deliberative and a casting vote in the event of a tied vote. 

c) Quorum: The quorum for Committee Meetings is 5 elected members, for other Meetings, 15 members. 

d) Disputes: In the event of any dispute over the conduct of a meeting, the Chair's decision shall be final. 

e) Resolutions: Any member may propose a resolution for discussion at a General Meeting. To ensure that a resolution is discussed, it should be submitted, in writing to the Secretary, along with the names of the Proposer and a Seconder, in time for it to be circulated to the Members 4 weeks in advance of the relevant meeting. Any member may propose a resolution at a General Meeting, but in this case, it will be the Chair's decision whether or not it will be put to the Meeting. Resolutions proposing alterations to the Constitution may only be put to an Annual General Meeting. 

8. FINANCE 

a)  All monies raised by the Committee shall be applied to further the objects of the Society (see paragraph 2 above) and for no other purpose. 

b)  No member of the Committee shall normally be paid fees or receive any remuneration other than out-of-pocket expenses agreed in advance, on submission of receipts. 

c)  The Treasurer shall keep proper accounts of the finances of the Society and shall pay all monies not immediately required into a bank account in the name of the Society. The funds of the Society shall be held in a bank account, with three signatories, of whom any two may authorise payments. 

d)  The accounts shall be passed to an independent examiner to be appointed at the AGM. The completed accounts for each year shall be passed to the independent examiner two months before the AGM, so that they can be circulated to the Members with the AGM papers. 

e)   In the event of the Society’s dissolution, all liquid assets, after debt clearance, shall be donated to a relevant registered charity. Other assets shall pass to the Cromarty and District Community Council. 

9. ALTERATIONS 

Proposals to alter this Constitution must be ratified by a resolution adopted by an Annual General Meeting of the Society. Alterations must be approved by a simple majority of members present. 

10. PROPOSED RULES FOR ALLOTMENT PLOTS 

The Rules for allotment holders will be set by the Committee once the Allotments have been set up. The following are therefore indicative only: 

1   Tenants shall maintain their plots in good order amid free of weeds, particularly those with airborne seeds.  It is also intended that some areas of the allotment ground shall be reserved for organic growing.  Tenants of organic plots must undertake to adhere to organic standards, and those with nearby non-organic plots must ensure that they do not contaminate organic areas. 

2   Plots are strictly non-transferable and cannot be sublet in whole or in part.  However it is intended that plots of different sizes should be available and they may be divided and the parts re-let, subject to the prior approval of the Committee.  

3  Tenure shall be from year to year, but renewal of tenure shall not be unreasonably withheld. 

4  Plots shall be allocated to new tenants by the Society. 

5  All designated pathways shall typically be three feet wide and shall be kept, by the adjacent plot holders, free of weeds, rubbish and overhanging objects. 

6  The allotment site will be kept securely fenced and tenants shall lock the entrance gates after arrival and departure. 

7  Dogs shall be kept on leash while not confined to the tenant's own plot. 

8   Wheelie bins will be provided for the disposal of recyclable and non recyclable waste. All vegetable material shall be composted where practicable. Plastic shall not be burnt on site. 

9  Complaints shall be made in writing to a Committee member. The Committee will consider these and the resultant action reported back to the complainer. 

10  The Committee shall have power to terminate the lease of any member who fails to observe the Rules or commits any other nuisance,  after writing to the plot holder and giving them the opportunity to remedy the complaint.