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Membership Agreement

Cheslyn Hay Community Allotments

Membership Agreement

AN AGREEMENT made on ________________

BETWEEN Cheslyn Hay Community
Allotments and
Name: __________________________
Address: ______________________________________________________
(“the Tenant”)

The Tenant agrees to take the allotment plot ________ on the allotment plan for an annual tenancy which ends on the last day of February.
The Tenant agrees to abide by the rules of the Association.
Termination of the Tenancy
The Tenancy of the allotment plot shall terminate:
a) following the death of the Tenant;
b) by the Association giving twelve months or longer notice to quit expiring on or before 6th April or on or after 29th September in any year (s.1(1)(a) of the Allotments Act 1922, as amended by s.1 of the Allotments Act 1950);
c) by the Tenant giving the Association 28 days written notice;
d) by the Association if the rent is in arrears for 40 days;
e) by the Association if the Tenant is in breach of the rules of the Association; or
f) by the Association if the Tenant acts in a manner which is not in keeping with being a member of the Association.

On Termination
On termination, the key to the site and membership card should be returned to the Association. The Tenant shall leave the plot in a clean and tidy condition and remove any personal items. Any such items left will deemed to have become the property of the Association. Items which, if removed, may be detrimental to the site such as slabs forming main pathways, may not be removed. If in the opinion of the Association, the plot has not been left in a satisfactory condition, any work carried out to return it to a satisfactory condition will be charged to the leaving Tenant (s.4 of the Allotments Act 1950). Any decision made by the Committee on behalf of the Association will be final and binding.

for and on behalf of the Association by:

by the said Tenant :


Rules of Cheslyn Hay Community Allotments

1. Members must abide with the constitution, membership agreement (where applicable) and rules of Cheslyn Hay Community Allotments.
2. Plot holders must keep their plot in a reasonable state of cultivation and tidiness. Following a plot inspection, any plot holders not doing so will receive a written notice requiring them to make a significant improvement within 28 days. If after 28 days, significant progress has not been made a final letter will be sent allowing a further 28 days to make a significant improvement otherwise their tenancy will be terminated.
3. On termination of their tenancy, plot holders will have 14 days to remove their personal property.
4. Deposits for plots and keys will only be returned on the production of a receipt and if the plot is in good condition.
5. Plot holders are primarily responsible for the path on the right hand side of the plot when viewed from the centre roadway Paths should be at least 2 feet wide (and not excessive).
6. The plot or any portion of it shall not be sub-let, underlet or assigned to another person. Named co-gardeners are allowed, but do not have automatic rights to becoming the next tenant of the plot should the existing tenancy cease.
7. The plot shall be used for growing vegetables, fruit or flowers. Chickens, rabbits and bees are permitted subject to approval by the committee.
8. The plot cannot be used for any trade or business. Surplus produce must not be sold unless it is an organised sale for the benefit of the Association or its chosen charity.
9. Sheds, greenhouses and polytunnels must not exceed 48 square feet. Only one greenhouse or polytunnel is allowed on a plot where a shed stands. Only one polytunnel per plot holder is allowed irrespective of the number of plots rented.
10. Plot holders must keep any hedges (for which they are responsible) trimmed, and sheds, greenhouses, polytunnels etc. in a reasonable state of repair.
11. Bonfires are only allowed on Fridays and the evening of November 5th. Only dry material should be burnt. Fires should not be lit if smoke is likely to drift towards Wolverhampton Road or nearby housing. They should never be left unattended and must be extinguished before the plot holder leaves their plot.
12. Hosepipes must only be used for filling water butts. When filling water butts plot holders should not unduly inconvenience other plot holders requiring water.
13. Plot holders must not deposit any rubbish or building materials on their plot or the site.
14. Plot holders must not be a nuisance to neighbours (plot holders or nearby residents).
15. Only plot holders’ dogs are permitted on site and must be controlled at all times. They should be kept on a leash when not contained within their own plot.
16. The allotment gates must always be kept closed and locked after entering or leaving the site.
17. Plot holders must not trespass upon other plots or take crops, produce, implements or other items from other plots.
18. Children must be made aware of the dangers on the site. Children must always be supervised. Plot holders must not allow their children to disturb other plot holders.
19. Plot holders must clearly number their plot.
Agreed at the AGM held on: 18th October 2012
Signed: ______________________ (Chair) Signed: ______________________ (Secretary)

The Constitution of the Cheslyn Hay Community Allotments

1. The Name of the Association shall be; Cheslyn Hay Community Allotments.
2. Objectives of the Association Shall be;
• To promote the interests of the members with regard to the proper cultivation, good management and enjoyment of allotments and leisure gardens
• To maintain and improve facilities which will protect members and the site against damage, trespass and theft.
• To conduct negotiations with the local council and wherever possible co-operate with them, other groups and organisations and individuals in furtherance of these objectives and to endeavour to encourage community involvement.
3. Membership of the Association
• Will be subject to the discretion of the Committee:
• Will be plot holders and cottage gardeners who have paid the annual subscription. Cottage gardeners are not eligible to stand for election to the management committee and can not vote on matters relating solely to the allotments
• The use of the term member within this constitution shall mean a fully paid up member.
• Applicants from residents within the Cheslyn Hay Parish Council area will have priority for vacant plots.
• On becoming a member, the member will be issued with the constitution and rules of the Association, and return a document signed to say they have read and understood them, within 4 weeks of receiving them.
• Plot holder members will pay a deposit for their key, which will be refunded on returning the key.
• Members changing their contact details must immediately notify the Secretary in writing
4. Management Committee
• The affairs of the Association shall be conducted by a committee of members elected at the Annual General Meeting.
• Any member with at least two years membership may be eligible for election providing they have a proposer and seconder who are both members of the Association.
• The committee shall consist of a Chairman, Vice Chairman, Secretary and Treasurer plus a minimum of six and a maximum of sixteen other members.
• No member shall hold more than one post on the Committee.
• All officers and members of the committee shall retire each year.
• Officers and members shall be eligible for re-election each year.
• The Committee shall have the power to co-opt members to fill vacancies which arise between AGMs
• The Committee shall have the power to co-opt up to a maximum of four additional non-voting members for specific tasks.
• The Committee shall have powers to deal with any matters not specifically provided for in any agreement in force between the Association and its members or in the interpretation of the rules of the Association and members shall be bound by its decision.
• 50% of the committee shall form a quorum.
• The Chairman (in their absence, or other Committee member appointed for the purpose of the meeting) shall chair all meetings of the Association and its Committee and will have a casting vote.
• The Committee shall meet to discuss issues relating to the Association, no less than three times each year.
• A committee meeting may be called by the Chair, Vice Chair, Treasurer or Secretary giving committee members (where possible) at least 14 days notice.
• The Secretary shall record the minutes of each meeting which after approval will be available to all members for inspection at reasonable notice.
• Committee members must declare any interest in any agenda item.
• The Committee shall have the power to expel any member who offends against the Constitution of the Association or whose conduct in the opinion of the Committee renders the member unfit to remain a member.
• The Secretary shall send any member qualifying for possible expulsion, written notice of the complaint and request attendance at a meeting with the Committee
• No member may be expelled from the Association without having an opportunity to appear before the Committee to answer the complaint. If they do not attend the hearing, the Committee may still discuss the case and come to a decision about its validity.
• Members may only be expelled if it is the decision of a majority vote by the Committee.

5. Association meetings
• An Annual General Meeting shall be held in October each year.
• At least twenty eight days advance notification of the date of any General meeting shall be circulated to the members.
• Items for the agenda of any General Meeting shall be communicated to the Secretary not less than 21 days prior to the General meeting giving sufficient time in advance to allow preparation for the meeting. At the AGM the audited accounts, Chairman’s and Secretary’s reports shall be presented.
• All paid up members of the association shall have one vote each.
• The quorum at any General Meeting shall be twenty Allotment members excluding committee members
• In the event of a quorum not being present at a general meeting then the meeting shall be adjourned to a date and time specified by the Committee not less than fourteen days later, in order to circulate the new date.
• In the event of a quorum not being present at the adjourned meeting the members present shall be deemed a quorum for the meeting. Any member shall be entitled to invite guests to the association meetings provided that no person whose application for membership has been declined or who has been expelled from the Association is invited.
• An Extraordinary General Meeting (EGM) shall be called on receipt in writing to the Secretary signed by at least 10 members and stating the reason for the request. The meeting will be held within 1 calendar month of the Secretary receiving the request.
6. Finance;
1. Every member of the Association shall pay an annual subscription to be fixed at each AGM payable on or before the last day in February.
2. Failure to pay the annual subscription by 10th April will lead to the membership being terminated without further notice unless the Committee is informed of mitigating circumstances.
3. No monies or property of the Association or any gain arising from carrying on the business shall be used other than for the benefit of the Association and its members or any purpose chosen by resolution at an AGM or EGM.
4. All members of the Committee shall keep accurate records of their dealings on behalf of the Association and shall be entitled to claim re imbursement of reasonable expenses incurred on behalf of the Association. Reasonable expenses will be agreed by the Committee.
5. If at any AGM or EGM a resolution for the dissolution of the Association is passed by a 75% majority of the members present, the Committee shall immediately or on a date specified by the resolution, realise the assets of the Association. Any assets remaining, after the satisfaction of all debts and liabilities, shall be transferred to a similar organisation or charity of the Committee’s choice.
6. The account must be audited by a person not from the Committee and presented at the AGM
7. Bank Account
1. The Committee shall maintain a bank account in the name of the Association and all monies received from any source on behalf of the association shall be paid into that account.
2. Records and accounts of all transactions shall be kept by the Treasurer and shall be available for inspection by the members.
3. Cheques shall be signed by any two of four signatories from the Secretary, Chair, Vice Chair or Treasurer.