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Information last updated by HFRA Chairman on 14 March 2006 (Comment)
All Resident Associations have a Constitution that is unique to them and sets out such matters such as the rules by which the Association will operate. If you are a member of the Association and intend to be, it is important that you obtain a copy of the Constitution so that you can make yourself familiar with its rules.
The following constitution was adopted at a Committee meeting of the Hall Forest Residents Association on 15th November 2005 and supersedes all other terms and/or conditions whether included in any acknowledgement, communication from the Residents Association.
INDEX
11. CONDUCT OF BUSINESS OR STANDING ORDERS
15. CHANGES TO THE CONSTITUTION
16. CHILD WELFARE & PROTECTION
17. EQUAL OPPORTUNITIES POLICY
1. DEFINITIONS
a) “Committee” members elected to carry out tasks for the association. For example, Committee members may be responsible for social activities, proof reading, distribution of news letters etc.
b) “Chairperson” Committee member whose role is to Guide the Group to achieve its aims, represent the Group at outside meetings, meet with the secretary to prepare agendas and become familiar with correspondence and hair the meeting of the Group
c) “Secretary” Committee member whose role is to takes minutes of meetings, let people know when the next meeting is, ensures the agendas are prepared in liaison with the Chairperson/woman, deals with correspondence for the Committee, keeps membership records and other files for the association.
d) “Treasurer” Committee member who is responsible for the financial tasks such opening a bank account, collecting membership subscriptions, paying association bills, handling petty cash, running the account book, prepare final statement.
e) “Developments” all dwelling houses located on and along Hall Forest Avenue that form part of the following private housing developments in Kintore as follows:
o Castle Fields (Betts Homes)
o Deers Den (Stewart Milne)
o Marnoch Rise (Stewart Milne)
o Falconer Park (Persimmon Homes)
o Forest Park (Persimmon Homes)
o Langan Meadows (Wimpy Homes)
f) “Group” the Hall Forest Residents Association.
g) “Residents" all Residents living within dwelling houses on the Developments.
h) “Quorum” the minimal number of people who must be present at meeting to conduct business.
i) “Open Spaces” all open spaces within the Developments including amenity areas, landscaped areas, play areas (including play equipment), tree belt, woodland, roads, access ways, footpaths, lighting, water courses, field drains and boundary walls/fences.
2. NAME OF THE ORGANISATION
a) The name of the organisation shall be Hall Forest Residents Association.
3. AIMS OF THE ORGANISATION
a) Safeguard and promote the interest of Residents in the Developments on matters concerning housing and the environment.
b) To foster good public relations and encourage social activities in conjunction with other organisations in the area.
c) Help to improve living conditions, community facilities and services for Residents living in and around the Group’s area.
4. MEMBERSHIP
a) Membership shall be open to all Residents over the age of 16 years, irrespective of tenure, of all dwelling houses located within the Developments.
b) Associate Membership shall be open to all others over the age of 16 years living within Kintore or have a vested interested in the running of the area.
c) Youth Membership is open to all Residents of a household within Kintore under the age of 16 years.
d) Membership shall cease immediately upon a person's permanent address no longer being within the Developments.
e) Associate and Youth Membership shall cease immediately upon a person’s permanent address no longer being within Kintore or no longer having a vested interested in the running of the area.
5. MEMBERSHIP FEE
a) All Members and Associate Members shall pay an equitable subscription fee of £1.00 per annum although membership under certain circumstances may not be dependant upon subscription.
b) The Membership Fee shall be reviewed and agreed by the Group at its Annual General Meeting (AGM).
6. THE COMMITTEE
a) A Committee shall be elected from the Group's Membership at the Group's AGM to carry out the business of the Group. The Committee shall be made up of a Chairperson, Secretary, Treasurer and no more than 22 other general Committee members.
b) The Committee shall be elected at the AGM of the Group and shall serve for 12 months. Vacancies arising during the year can be filled by elections at General Meetings.
c) The Committee and office bearers shall make and carry out decisions in accordance with the objectives of the Group.
d) Officers shall carry out duties given to them at General Meetings.
e) Voting members may be co-opted from Residents to fill casual vacancies throughout the year.
f) The Committee can introduce and or appoint new members as and when required.
g) The Committee shall stand down at each AGM to seek re-election.
7. COMMITTEE MEETINGS
a) The Committee shall meet at least bi-month and no less than six times in a year.
b) No Committee meeting shall take place if less than five [5] members of the Committee are present including the Chairperson, Secretary, Treasurer or their relevant vices.
c) Meetings of the Committee shall be open to any Member of the Group who wishes to attend. Others may attend Committee meetings if invited by the Committee.
d) The secretary will notify all Committee members the date and venue of the meeting seven [7] days in advance.
e) Committee members must declare any outside interest they may have in the topic under discussion. The Committee shall decide if they need to forfeit their right to vote on this occasion.
f) Minutes of Committee meetings shall be made available to all Members and all Residents within the Developments.
g) Committee members can be voted off if they have not attended three consecutive meetings without any apologies.
8. ANNUAL GENERAL MEETING
a) There shall be a Annual General Meeting held every October at which the Committee will report on it's work, present a statement of accounts and stand down to seek re-election.
b) The AGM shall be held at a suitable venue to accommodate as many members as possible.
c) A minimum of five [5] Committee attendees must be in attendance that shall include the Chairperson, Treasurer and Secretary or their relevant vices
d) The secretary will notify all members of the date of the meeting not less than fourteen [14] days before the AGM.
e) Members at the AGM shall elect a new Committee, vote on recommendations and any amendments to the constitution.
9. OTHER GENERAL MEETINGS
a) There will be a General Meeting open to all members held quarterly to discuss matters of importance and to keep all members fully informed.
b) The Secretary will publicise all General Meetings at least fourteen [14] days in advance in writing to all Residents and Members.
10. SPECIAL MEETINGS
a) Special General Meetings, open to all members, will be held if the Chairperson or any ten [10] Residents within the Developments submit in writing a request for such a meeting to the Secretary.
b) The Secretary shall arrange to convene the meeting to take place in a suitable venue and at a convenient time within fourteen [14] days.
c) All Members will be informed no less than seven [7] days in writing, accompanied with by an Agenda of matters to be discussed at the said meeting.
d) A minimum of two [2] Committee attendees must be in attendance that shall include either the Chairperson, Treasurer and Secretary or their relevant vices.
e) Any Member can, by written mandate, be represented by any other person to attend, vote and act on behalf of the grantor of the mandate.
11. CONDUCT OF BUSINESS OR STANDING ORDERS
a) Members at meetings may speak only through the Chairperson.
b) Meetings will end at the time agreed by the Committee unless all those present agree to extend the meeting.
c) Agendas will be distributed to the membership at least seven [7] days before a meeting, where possible. Items for the agenda should be forwarded to the Secretary and Chair fourteen [14] days before the meeting, where possible.
d) Any offensive behaviour, including racist, ageism, sexist or inflammatory remarks will not be permitted.
e) Minutes will be distributed to the membership seven [7] days after a meeting, where possible.
f) Any member who brings the Group into disrepute or refuses to comply with the constitution shall be expelled on a majority vote of the Committee. Any such member will have the right to appeal within twenty eight [28] days of the expulsion. The appeal shall be heard by the membership at a Special General Meeting called for that purpose.
g) The Secretary shall deal with all correspondence.
12. VOTING
a) Except where a Quorum applies, all Residential Members will be entitled to a single vote at meetings. Arrangements for absent voting by proxy by written mandate shall be made at all meetings when ever applicable.
b) Voting at Committee meetings shall be by a show of hands (and by proxy) of Committee members, unless otherwise resolved.
c) The appropriate method of voting for items under Discussion at all other meetings shall be decided either by the committee in advance or by the Chair of the meeting. A simple majority of votes shall prevail. In the event of the equality of votes, the Chair of the meeting shall have a second or casting vote.
13. QUORUM
a) Any twenty five [25] or more Residents of the Developments present in person (or represented with a written mandate by proxy) from the Developments shall form a Quorum for decisions made at meetings where the meeting has been convened to:
o hold the Annual General Meeting
o determine matters of common interest of all Residents within the Developments;
o to order the execution of any maintenance, repairs, renewals or any other works to the Open Spaces within the Developments;
o make any regulations relative to the Open Spaces that will be binding to all proprietors of plots within the Developments, whether consented or not;
o to make arrangements for a common insurance policy for open areas within the Developments;
b) Where a Quorum applies, Residents of the Developments, irrespective of membership or not, will only be entitled to one vote each for each plot owned within the Developments, no matter how many proprietors may reside within one dwelling house.
14. FINANCES
a) The Group may raise funds by membership fees, donations, obtaining grants from other bodies and by other fundraising schemes approved by the committee. All money raised by or on behalf of the Group shall be applied to furthering its objectives.
b) All funds shall be kept in a bank account that shall be opened in the name of the Group.
c) The Chairperson, Treasurer, vice Treasurer and one [1] other Committee member shall be signatories on the account and all cheques shall require two of these signatures.
d) Accounts shall be kept by the Treasurer, and brought to every Committee meeting where they may be inspected. If the Treasurer and the vice Treasurer fail to bring the books to a meeting on three consecutive occasions both the Treasurer and vice Treasurer will be asked to resign.
e) All expenditure shall be agreed and controlled by the Committee. Receipts should be acquired for all expenditure over one pound.
f) All payments over ten pounds shall be made by cheque, not cash. Any exception to this rule shall be discussed and agreed by the Committee.
g) No officer shall sign a blank cheque – all cheques to be filled in before signatures are added.
h) Once a year, the accounts will be audited and presented to the Annual General Meeting of the Group. The Auditors shall be independent of the Group and agreed by all of the Committee.
i) All correspondence of the Group including bank statements shall be addressed to the secretary.
15. CHANGES TO CONSTITUTION
a) This Constitution shall only be changed at the AGM, or at a Special Meeting of the Group.
b) Proposed changes must be submitted to the Secretary in writing not less than twenty eight [28] days before a Special Public Meeting or the AGM. The secretary must notify members of any proposed changes within twenty eight [28] days of the meeting.
c) The quorum for any changes to Constitution shall be any twenty five [25] or more Members present in person (or represented by proxy by written mandate) from the Developments.
d) All Members shall be given fourteen [14] days notice of the meeting and the changes proposed.
16. CHILD WELFARE & PROTECTION
a) The Group will ensure that any activities they are involved with will be a safe environment for children.
b) If Group activities are to involve children a Child Protection Policy will be adopted and a Committee member will be appointed to take responsibility for its implementation.
17. EQUAL OPPORTUNITY POLICY
a) The Association actively seeks to represent the views, needs and aspirations of all Residents in the area represented.
b) The Association will not discriminate on the grounds of nationality, political opinion, ethnic and cultural background, religious opinion, sex, sexuality or disability.
c) It will up-hold equal opportunities and work towards good relations among all members of the community specifically prohibiting any conduct which discriminates or harasses on grounds of race, religion, disability, political belief, sex or sexual orientation.
18. LEASES AND AGREEMENTS
a) As trustees for and on behalf of the Group, the current Chairperson, Secretary and Treasurer, may enter into leases and access agreements that are transferable to ongoing elected office bearers to further the objectives of the Group as set out in clause 3.
19. DISSOLUTION OF THE GROUP
a) The Group may only be dissolved by a special meeting called for that purpose. Such a meeting shall come about following a proposal in writing signed by a simple majority of those on the Committee being submitted to the Secretary.
b) All Members shall be informed of such a meeting at least twenty eight [28] days before the date of the meeting.
c) Dissolution of the Group shall only take effect if agreed by two thirds of Members present and voting at that meeting.
d) Any money received via funding bodies shall be returned to each funder in relation to the any funding criteria they may have set.
e) Any assets remaining after meeting liabilities will then be distributed among local charities or other community Groups with similar aims of the Group nominated by that meeting.
f) On dissolution, any documents belonging to the Group shall be disposed of in a manner agreed by that meeting.
This constitution was adopted at a Committee meeting of the Hall Forest Residents Association on 15th November 2005 and supercedes all other terms and/or conditions whether included in any acknowledgement, communication from the Residents Association.
A copy of the signed constitution is available upon request.
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