HB A G A

&

HERNE  BAY  ALLOTMENTS  AND  GARDENS  ASSOCIATION


1. The appointment of Trustees.

1.1 HBAGA Trustees are up to 4 people who are willing to sign our lease making them responsible for ensuring that the terms of the lease are fulfilled. They must have a stable relationship with HBAGA as a current or recently retired member who is willing to commit to a long term involvement. They may not be current Committee members.

1.2. Trustees are not appointed on an annual cycle like the Committee. Once appointed, they remain until they withdraw (other than in exceptional circumstances). If there are fewer than 4 trustees then the Committee may decide to try to fill the vacancies. Changing trustees is a legal procedure which involves the Council and which may lead to a small cost. It is likely to be initiated only when a new lease is needed or when the number of trustees is reduced.

1.3. The other trustees and the Committee may decide (by majority vote) that a trustee can no longer carry out the duties of the position thereby creating a vacancy (for example due to illness or moving away from the area).

1.4 If a trustee position is to be filled then the vacancy will be advertised to all current HBAGA members by email, website and notice boards - requiring nominations to the HBAGA Secretary within an agreed time. The nominations will be similarly publicised and the nominees will be accepted unless there are valid objections from HBAGA members or from existing trustees. If there are more nominations than vacancies then the Committee will decide who to appoint from those nominations.


2. Trustee/Committee relationship

2.1 The trustees have signed the lease committing themselves to ensuring that the Association is administered in compliance with the terms of that lease. They have no other powers. They agree to delegate the responsibility for the day-to-day running of the Association to its Committee.

2.2 The trustees will ensure that the Constitution, Rules and procedures of the Association and the decisions of the Committee are compliant with the lease. Should any departure from the terms of the lease be noted the trustees as a group will require the Committee to correct the problem. Should the Committee fail to do so or cease to function the trustees will dismiss the Committee and then -
* call an EGM to replace the Committee
and if that fails
* take over the management of the Association themselves.

2.3 The trustees have access to all relevant Association documents and to all parts of the Association estate. They can attend all Committee and general meetings at which they can speak but not vote.


3. Trustees and the Lease

3.1 The lease specifies in detail the conditions the Trustees need to enforce (section 4).

3.2 The lease limits the liability of the Trustees to the realisable value of the Association (7.1).




HBAGA 013:  Trustees


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