hbaga006

HERNE BAY ALLOTMENTS AND GARDENS ASSOCIATION

1 Procedure This Procedure will be followed should a member fail to follow the rules laid down in the Constitution and the Plot-Holder Rules or in any support documentation.

Problems vary considerably so the Procedure has some flexibility. However, the overall approach as defined in the Constitution will always be followed.

2 Responsibilities An infringement of the Plot-Holder Rules will initially be dealt with by the appropriate Site Manager (or someone acting for them). Any appropriate member of the Committee will deal with other matters.

Stage 1 Discussion	If the problem has not occurred before and can be amicably settled by discussion, then no further action need be taken.
Stage 2 Action Plan	The Plot-Holder will agree with the Site Manager a plan to return the plot to an acceptable state and subsequently maintain it at a satisfactory state thereafter. This scheme will include dates by which the various steps are to be achieved and a clear commitment from the Plot Holder to undertake the agreed actions
Stage 3 Written Notice	Should the Plot-Holder fail to meet the Site Manager or fail to comply with the agreed programme of actions then the Secretary will write a formal letter stating this and that termination of the Plot-Holder’s tenancy will follow unless a satisfactory conclusion can be reached within a specified reasonable time.
Stage 4 Termination of Tenancy	If there is still no satisfactory conclusion then the Secretary will write a formal tenancy termination letter giving the Plot-Holder a short, specified time in which to remove any personal property from the plot; the letter will include a note that the member has a right of appeal.
Notes for Table A:
1	Throughout this process allowance will be made for such factors as ill-health but if a PlotHolder is not able to make effective use of the plot then appropriate action will be taken. A plot-holder who withdraws due to ill-health will be given some priority if they wish to return after recovery.

Stage 1 Discussion

If the incident is not a serious one, has not occurred before and can be amicably settled by discussion then no further action need be taken.

Stage 2 Written Notice

A serious incident or a recurrence of a previous problem will be reported to the Secretary for formal action. An initial letter from the Secretary will require cessation/ commencement of the activity and seek agreement that there will be no recurrence of the issue.

Stage 3 Apply Penalty

Apply Penalty

If the issue continues, a reference will be made to the Committee (or the Officers on behalf of the Committee) which may impose a penalty such as the banning of a vehicle or even termination of tenancy/membership. This will be issued as a formal letter by the Secretary; the letter will include a note that the member has a right of appeal.

3 Procedural Steps: Plot Maintenance (Table A)

4 Procedural Steps: Site Rules and Regulations other than Plot Maintenance (Table B)

If a Committee member is not already involved in the incident, then it should be reported to an appropriate Committee member to pursue.

1	A member may ask to appear before the Committee to appeal against any applied penalty. The Committee may or may not agree to such a request.
2	A member has final rights of appeal as specified in the Constitution and described in reference HBAGA 003.

5 Appeals

HBAGA 006 Enforcement of the Rules

Document Agreed:

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Document Agreed by Committee: 01/02/19.