Stonehaven Allotment Association Constitution

(February 2011)

1. NAME
The Association shall be known as Stonehaven Allotment Association (hereinafter "the Association").

2. OBJECTS
The objects of the Association shall be:
a) to manage and supervise allotments (within the Stonehaven area) for the benefit of the members of the Association, in accordance with the Association's Terms and Conditions.
b) to promote by whatever means agreed by the Membership, the suitable provision of Allotments in the Stonehaven area.
c) to provide, by whatever means agreed by the Membership, support for the plotholders and opportunities for the public to leam about allotments and their cultivation.
d) to encourage the management of the allotments in a sustainable, organic, and wildlife-friendly way.
In pursuit of these Objects, the Association is non-political and will not
discriminate on the grounds of age, disability, gender, race, religion or sexual orientation.

3. MEMBERSHIP & FEES
a) Membership shall be confined to persons who are resident in the Stonehaven area, who have paid an Annual Membership Fee, and whose fees are fully paid by the due date, and who undertake to cultivate their Allotment in accordance with the Association’s Terms and Conditions.
The definition of “Stonehaven Area” is the area of Aberdeenshire Council Election Ward 18, east of and including Rickarton and Union Cottage.
Furthermore, people living outside of this catchment area may become full members, at the discretion of a SAA Committee Meeting.
b) Full membership is open to person 16 or over. Youth membership is open to person aged 12-15.
c) i) Youth members are entitled to share an allotment with a full member but not entitled to a lease of a whole allotment.
ii) Youth members are entitled to representation on the Management Committee under appropriate adult supervision. Where a Youth Committee exists the representative on the Management Committee will be elected from within youth membership and have full voting rights. If a Youth Committee does not exist, the representative will be co-opted by the Management Committee and will not have voting rights.

d) The due date for the payment of fees is normally the Annual General Meeting (AGM) or within 4 weeks of the AGM, at the Committee's discretion.

e) Members who have paid their Annual Membership Fee are eligible to lease a whole or half allotment.

In addition to Annual Membership Fees, members who lease a whole or a half allotment shall pay an annual rent for their whole or half allotments.

The Management Committee will notify the members four weeks in advance of the AGM or EGM, proposed fees. All fees excluding rent will then be determined at said AGM or EGM. The rent will be notified at the AGM.

At the discretion of the AGM, Annual Membership Fees for members, individually or as a whole, may be waived.

All members who have paid the Annual Membership Fee (unless waived as above), will be sent Association Communications and have full voting rights at the AGM and any EGM and be eligible for election to the Committee.

f) It is permissible for an Allotment lease to be in the names of two eligible persons, school, or other non-profit organisation, at the discretion of a SAA Committee Meeting

Where a lease is in the names of two persons, the registered addressee must be a member of the Association, but it is permissible for the second person also to be a member. When the second person has paid the Annual Membership Fee, he/she will be sent Association communications, have full voting rights at the AGM and be eligible for election to the Committee. It is not permissible for two of the Association's office bearers to be joint lessees of a plot.

g) An individual member can only lease a total of one whole allotment. Households can lease a maximum of two allotments, provided the second allotment is leased by a second member.

Should a leaseholder wish to relinquish half or whole of their allotment, then they should do so by notification in writing the Secretary who will then reallocate the whole or half allotment according to the waiting list.

h) The Allotment Waiting List will be maintained in a strict, consecutive manner, on payment of an initial Annual Membership Fee, by the Secretary. Names shall be added to the waiting list in an equitable manner.

i) It is permissible for an allotment lease to be in the names of two eligible persons or organisation. However, in such cases there must be agreed between the lessees and the Association a single point of contact who is deemed to be responsible for the maintenance of the allotment and any Annual Rent due on the lease. At the discretion of the committee, and with the agreement of the lessees, the nominated single point of contact may be changed.

It is permissible for the second person or members of the group (if they are eligible by virtue of location) to be members of the Association, provided they have paid an Annual Membership Fee.

4. MANAGEMENT COMMITTEE

a) The Association shall appoint a Committee at an AGM or EGM. This shall consist of Chair, Vice-chair, Secretary and Treasurer as office bearers and up to four other elected members from the membership. Where a Youth Committee exists a further elected member will be from the Youth Membership.

b) Office bearers shall be appointed for a two year period and may stand for re-election. Committee members shall be elected annually and may also stand for re-election.

c) The Committee shall have the powers to manage the affairs of the Association between AGMs and any EGMs. The Committee shall carry out any instructions given to them by a majority of Members at an AGM or EGM.

5. ADDITIONAL MEMBERS AND SUB-COMMITTEES

The Committee shall have the power to co-opt additional members at any time and as deemed by the Committee to be necessary. Co-optees shall have no voting rights on the Committee. 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.

6. MEETINGS

a) The Committee shall meet monthly from April to October, or at the discretion of the Chair or Secretary plus two committee members. Meetings shall be open to ordinary members.

b) The Annual General Meeting shall be held in February of each year. An Extraordinary General Meeting may be summoned on the request, in writing, of 51% of members or by a majority vote of the Committee.

c) Notice, in writing, shall be given of motions or business to be brought forward at an AGM/EGM, at least 4 weeks prior to the AGM/EGM.

d) At the discretion of the Chair, relevant business may be discussed at the AGM, providing one week's notice has been given.

e) To ensure that AGM/EGM business is fully completed, any guest speaker invited to address the meeting will do so after the business of the AGM/EGM has been completed.

7. RULES AND PROCEDURES AT MEETINGS

a) Chair: All meetings will be chaired by the Chair, or by another Association Member, as agreed by those present.

b) Voting: All votes will be decided by a simple majority of the Members present. In the event of a tied vote, the Chair has a casting vote.

c) Quorum: The quorum for Management and any other Committee Meeting is 3 elected members. For AGMs and EGMs it is 25% of the total membership (rounded down). The number equating to these figures will be determined by the Secretary and agreed upon by the Management Committee prior to the meeting commencing.

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.

8. FINANCE

a) All monies raised by the Committee shall be applied to further the objects of the Association (see Clause 2: a; b; c; d) 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. All expense claims must be approved by the Committee.

c) The Treasurer shall keep proper accounts of the finances of the Association and shall pay all monies not immediately required into a bank account in the name of the Association. The funds of the Association shall be held in a bank account operated by two office bearers.

d) The Treasurer shall pay any surplus balances above £500, held in the General Revenue Account, at quarterly intervals (or as near as is practicable), into the Land Capital Purposes Account (LCPA). This account will require the signature of three of the office bearers (i.e. Treasurer, Chair, Vice-chair and Secretary).

e) The accounts shall be passed to an independent examiner who shall be appointed at the AGM, The accounts 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.

f) The sum (£3000) donated by an anonymous benefactor to pay for four Stonehaven schools’ plot charges for ten years shall be ring-fenced, in a separate bank account, for this purpose. If the Association is dissolved, any remaining money in this account shall be added to the Association’s assets for distribution according to Clause 9 below.

9. DISSOLUTION

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

In the event of a dissolution of the Association, all outstanding debts and liabilities will be cleared. The balance of any assets remaining will go to a similar organisation within the Aberdeenshire Council area or to a Stonehaven charity, as decided by the Committee. No member of the Association will gain from the dissolution of the Association.

10. ALTERATIONS

Proposals to alter this Constitution can only be made as resolutions at an AGM or EGM of the Association. Alterations will be made as a result of resolutions passed by a simple majority of members present.

Alterations will not be passed to have retrospective effect.

ADOPTED AS THE CONSTITUTION OF STONEHAVEN ALLOTMENT ASSOCIATION AT A MEETING DULY CONVENED AT 13 WESTFIELD ROAD, STONEHAVEN ON THE 19th MARCH 2006, AND AS AMENDED AT AN EGM ON 3^rd SEPTEMBER 2008, AT AN AGM ON 11^th MARCH 2009, AT AN AGM ON 5th MAY 2010, AT AN EGM ON 13 OCTOBER 2010, AND AT AN AGM ON 2 FEBRUARY 2011, ALL AT THE BOWLING CLUB, STONEHAVEN.

Secretary

Date: