1. The Organisation

1.1

The organisation shall be called the 'Herne Bay Allotments & Gardens Association'.

1.2

The Association will operate within the terms of the lease agreement between Canterbury City Council and the Association's Trustees.

1.3

The Association Financial Year shall run from 1st October to 30th September the following year.

1.4

The aim of the Association shall be to promote interest in and the use and development of allotments and gardens, to acquire and let plots to local residents on application and to play a role with the local, regional and national bodies associated with allotments. The Association shall have no involvement in any political or religious activities.

2. Membership

2.1

The Association shall have three types of member: -

Life Members: Such persons shall have the same rights and responsibilities as Members except that they do not pay the annual subscription.

Members: Such persons whose applications for allotment plots have been approved by the Committee. -

Associate Members: Local residents who are not plot holders but are allowed with the approval of the Committee to use facilities provided by the Association.

3. Association Structure

3.1

An elected Committee shall govern the Association. All members are eligible for nomination for the Committee. Trustees shall be appointed by the Committee to ensure that the terms of the lease agreement are met. Trustees may attend any Committee or  General Meeting and will be provided with copies of the Agendas and other related documents. The Trustees can speak at such meetings but do not have a vote. The Committee shall also appoint the President.

3.2

The Committee shall comprise the President, Chairman, Vice Chairman, Secretary and Treasurer, who will be the Officers of the Association, plus the Site Managers, Stores Manager and Social Secretary,  together with one other representative from each site. No member may hold more than one post on the Committee other than in exceptional circumstances.

3.3

With the exception of the President, Site Representatives and Site Managers all other members of the Committee shall be elected at the AGM. Existing Committee members may stand for re-election in their roles without nomination. An annual ballot taken for each site shall elect Site Representatives and Managers.

3.4

Membership of the Committee may be suspended until the next AGM following gross misconduct. Such a decision will require a 3/4 vote of the full Committee.

3.5

Committee vacancies may be filled during the year (giving full Committee status) on a unanimous vote by the existing Committee members

3.6

 The Committee shall have power to co-opt anyone it thinks fit outside of the Committee structure to assist it in the administration of the Association. Such co-opted persons may attend all or part of Committee meetings when invited to do so but shall not have a vote.

4. Annual General Meeting (AGM

4.1

An AGM shall be held during each calendar year within six weeks of the end of the financial year. Advanced notice of the AGM will be given to members at least six weeks beforehand

4.2

All members shall be notified of such an AGM by public notice at  least fourteen daysbefore the meeting. This notification shall specify any motions to be debated and nominations for the Committee.

4.3

Nominations for the Committee (including any members standing for re-election) are to be submitted to the Secretary at least twenty-eight days prior to the AGM. It is expected that nominations and ballots for Site Manager and Representatives will have been concluded on each site within this timeframe.

4.4

Motions for the AGM are to be submitted at least twenty-eight days prior to the AGM, together with names of those Proposing and Seconding the Motion.

4.5

The AGM shall include an "Any Other Business" item for members to raise general matters for discussion. Any decisions taken will not be binding.

4.6

At the AGM there shall be presented audited accounts and the auditor's report. The appointment of an auditor shall be agreed at the AGM.

4.7

Proxy voting shall be permitted where the member is prevented from attending an AGM for a serious reason such as illness or holidays, provided they have previously agreed this with the Committee. Applications shall be made to the Secretary at least twenty-eight days prior to the AGM. Proxy voting forms shall be issued fourteen days prior to the AGM.

5. Extraordinary General Meeting (EGM)

5.1

The Secretary on a request in writing from ten or more members shall convene an extraordinary general meeting at the earliest convenient time. The Secretary shall give members at least seven days warning of such a meeting, stating its purpose by public notice

No business other than that specified in the notice shall be transacted at the meeting.

6. General Meetings (AGMs and EGMs)

6.1

The quorum for any general meeting shall be fifteen voting members and two officers. There is only one vote per Member holding a tenancy agreement. For tenancies with more than one signatory each signatory shall have one vote. Life Members shall have one vote each. No person shall have more than one vote, regardless of the number of membership types or plot tenancies they may hold.

6.2

Associate Members may attend general meetings but shall not have a vote unless they currently serve on the Committee.

6.3

The Rules and Constitution of the Association can be altered only at a general meeting and the proposed alteration(s) shall be fully specified in the notice convening the meeting. No alteration shall be adopted unless at least two thirds of the votes cast are in favour.

6.4

The meeting chairman shall only have a casting vote.

7. Committee Meetings

7.1

The Committee shall meet as deemed necessary by the Secretary and Chairman - this shall be at least four times each year.

7.2

All Committee members shall receive, in writing, at least seven days’ notice of such a meeting, giving details of the Agenda.

7.3

The quorum for Committee meetings shall be six members including two officers.

7.4

The Chairman shall only have a casting vote.

8. Members' Responsibilities

8.1

All Members and Associates are expected to show a "Duty of Care" to others whilst on the Association's sites. This includes, but is not limited to, following Committee issued Health & Safety rules as well as driving with care and obeying site speed limits.

8.2

All Members and Associates are expected to treat all others they meet with respect and courtesy. Bad language, insulting or threatening behaviour of any sort and in any medium is completely unacceptable and will result in the withdrawal of membership of the Association.

8.3

Any Member or Associate whose membership has been terminated will not be accepted as a future member in any capacity other than in exceptional circumstances and with the express agreement of the Committee.

8.4

The interpretation of the Constitution and Plot Holder rules is the responsibility of the Committee with the aim of looking after the interests of the Association and its members as a whole, while at the same time being fair to individual members. Other than in exceptionally serious situations attempts will be made by the appropriate Committee member to sort out any problem informally with the member(s) involved. Should this attempt not succeed the matter will be referred to the Committee and the Secretary will write formally should further action be necessary. If the matter is not resolved satisfactorily the Committee may impose a penalty that may include the termination of a tenancy and/or Association membership. At each stage actions will be taken promptly while allowing the member(s) involved reasonable time to respond. The member has a right to appeal to an independent panel, at no cost, against the Committee decision. The Committee will abide by the decision of this panel. There is a final right which permits the member to take the matter to an independent dispute resolution service. The costs of any such referral shall be borne jointly by the Association and the member, although the Association may, at the discretion of the

Committee, agree to bear the whole cost. The Committee will determine whether a penalty applied to a plot holder will also apply to any co-tenant.

8.5

It is the responsibility of every Member to a pay an annual rent for each plot tenancy held. With the exception of Life Members, all members must pay an annual subscription. The amount of rents and subscriptions will be decided at the AGM and be payable on the due date-of January 1st.

8.6

 If a Member has failed to make their rent payment within four weeks of the due date, and there being no justifiable reason for this delay, they would have been deemed to have relinquished their tenancy.

9. General

9.1

Bank accounts shall be maintained in the name of the Association as determined by the Committee and all monies received by the Association shall be held in such accounts. All payments shall be authorised by two out of the signatories determined by a general meeting.

9.2

Expenses incurred when carrying out actions on behalf of the Association may be reimbursed on the agreement of the Committee.

9.3

On recommendation from the Committee Life Membership may be awarded at the AGM in recognition of services rendered.

9.4

In the event of the Association winding up, any remaining funds and assets shall be donated to charities or other non-profit-making gardening societies at the discretion of the Committee.

9.5

The Association holds a limited amount of personal information about its members. It complies with GDPR (the General Data Protection Regulations) 2018 and its updates as detailed in the Association’s Data Management documentation.

Updated following AGM 30/11/22