1. NAME
The Association shall be called Cairnhill Community Allotment Association –Chapelton (hereinafter referred to as the Association). The assosciation will not be run for the purpose of making financial profit and no portion of the income and property shall be paid or transferred directly or indirectly by way of dividend, distribution, bonus, honoraria or otherwise howsoever by way of profit to the members, other than sums paid to members for maintenance or improvements to the site as approved by the Committee.
2. OBJECTS
The aims of the Association are to promote interest in the growing of fruit, vegetables and flowers. To this end it will maintain its present grounds and may organise shows and sales of produce.
3. MEMBERSHIP
(1) Membership shall be limited by the number of allotments.
(2) A waiting list shall be kept when all available plots have been taken and subsequently allocated in the order of application.
(3) With the agreement of the Association, existing plots may be sub-divided.
No plot can be sublet without the approval of the Committee
(4) Membership shall be open to any person with an interest in gardening and resident in the Chapelton Community
(5) Membership fees shall be determined by each Annual General Meeting.
(6) All members joining the Association shall be deemed to accept the terms of this Constitution and any bye-laws promulgated by the AGM.
4. MANAGEMENT
(1) The affairs of the Association shall be conducted by a Committee.
(2) The Committee, who shall be Honorary, shall consist of a Chairman, Treasurer and Secretary and at least two Committee members who shall be elected annually at the AGM.
(3) Officers of the Association shall be elected annually at the AGM. Normally, no individual shall serve more than three consecutive years in the same capacity. One third of the Committee shall stand down annually.
5. GENERAL MEETINGS
(1) The Association shall hold an Annual General Meeting in November or December to:
(1.1) Approve the minutes of the previous year’s AGM.
(1.2) Receive a report from the chairman.
(1.3) Receive a report from the Treasurer and approve the accounts.
(1.4) Elect a Committee.
(1.5) Consider changes to the Constitution and Bye-laws.
(1.6) Appoint auditors for the Association’s accounts.
(1.7). Deal with other relevant business.
(2) An Extraordinary General Meeting shall be called by an application in writing to the Secretary supported by at least three members of the Association. The Committee shall also have the power to call an Extraordinary General Meeting by decision of a simple majority of its members.
(3) At least ten days’ notice shall be given to all voting members of any General Meeting.
(4) Voting
(4.1) With the exception of changes to the Constitution, decisions shall be taken by a simple majority at General Meetings.
(4.2) The Chairman of the Association shall hold a deliberative as well as a casting vote.
(4.3) Each plot will carry only one vote except in the case of officially subdivided plots which carry one vote for each subdivision.
(5) The quorum at General Meetings shall be six members and the quorum for Committee meetings shall be three members.
(6) Changes to the Constitution.
(6.1) Any changes to the Constitution shall require a two-thirds majority of a quorate meeting.
(6.2) Notice shall be given to all voting members of any General Meeting as specified in 5(3) and then any proposal to change the Constitution shall be submitted in writing to the Secretary at least eight days prior to the meeting.
(6.3) All proposals for changes to the Constitution shall be signed by two members eligible to vote at a General Meeting.
6. FINANCE AND ACCOUNTS
(1) The financial year shall run from 1 October of one year to 30 September of the next.
(2) The Treasurer shall be responsible for the preparation of the annual accounts of the Association.
(3) The accounts shall be audited annually by an independent person elected annually by the Annual General Meeting.
(4) All cheques drawn against the Association funds shall be signed by the Treasurer and one other office bearer.
(5) Annual fees set at the Annual General Meeting shall fall due on 1 January. The deadline for payment shall be 1 March.
(6) The membership of any plotholder shall lapse if the subscription if the subscription has not been paid by 1 March. If, after being reminded of the need to renew the subscription, the plotholder does not re-new his/her subscription immediately, the plot will be re-allocated by the Committee.
7. BYE-LAWS
If required by Elsick Development Company, the Committee shall draw up a set of rules and regulations for the proper management of the allotments and if such rules and regulations are ratified by an AGM, they shall have the force of this Constitution.
(1.1) If, in the view of the Committee, a plot is being seriously neglected, the plotholder will be informed and asked to explain why and/or to rectify the situation within an agreed period. If this is not done to the satisfaction of the Committee, the plot will be re-allocated.
(1.2) The allotment must not be used for trade or business.
(1.3) No refuse (apart from compost or manure in reasonable quantities) must be deposited on or around the plot.
(1.4) Any member’s plot can be passed on to a spouse or partner. In other circumstances, the Committee will henceforth be responsible for any re-allocation, prior agreements accepted
8. DISSOLUTION
The winding up of the assosciations activities or of the assosciation as a whole, shall be effected only at an Annual General Meeting or at a General Meeting called for the purpose, provided that the proposal shall be approved only if three-quarters or more of the voting plotholders present at the meeting vote in favour.If, upon the winding up or dissolution of the assosciation there remains after the satisfaction of all the assosciations debts and liabilities any property whatsoever, the same shall be given or transferred to some other organisation or organisations having objects (that is, aims and activities) similar to the objects of the assosciation, such organisation or organisations to be determined by the members of the assosciation by Resolution passed at a General meeting at or before the time of the dissolution, and in so far as effect cannot be given to such provision then to some charitable objects.