CONSTITUTION AND SITE RULES

Lister Drive Allotments Association 2011 LISTER DRIVE ALLOTMENTS ASSOCIATION LIVERPOOL L13 7EH CONSTITUTION AND SITE RULES As adopted at the 27 th November 2011 Annual General Meeting (in force from that date) (All references to the City Council tenancy agreement clauses are the 2010-11 Edition) Issued to Plot Number Clauses 1. All references to The Society shall hereafter mean the Lister Drive Allotments Association. [Council Tenancy Agreement clause 4]. The Association is established on a not-for-profit basis. All income and proceeds howsoever derived may only be used to support the aims and objectives of the Association. 2. Upon the dissolution of the Association, any assets remaining after all debts have been met, shall not be distributed amongst members. Any such funds shall be given to other allotment associations on Merseyside or to an organisation with similar aims and ethos to those of the Association. Any such beneficiary must also have adopted the same rules regarding the distribution of assets upon dissolution. 3. The Society, the Committee and all members shall be bound at all times to follow this Constitution and the City Council agreement. The City Agreement shall take precedence over this Constitution in the event of any disparity between the two documents. [states the Council tenancy agreement takes precedence in the event of dispute] 4. This Constitution shall, at all times, be the accepted Code of Practice for the Society. [ Council Tenancy agreement clause 4] 5. ANNUAL/EXTRAORDINARY GENERAL MEETING AND QUORUM THEREOF The Constitution and Rules may only be amended or adopted by members in attendance in

person at an Annual General or Extraordinary General Meeting (hereafter referred to as the AGM or EGM). A quorum of 33% of the currently (at the date of meeting) let plot holders is required at an AGM or EGM before any changes to the Constitution can be made or effective resolutions passed. The AGM/EGM agenda is to be to be published prior to the AGM/EGM. Following each AGM/EGM the minutes of the meeting shall be circulated to all current members of the Society. 6. COMMITTEE CONSTITUTION & ELIGIBILITY FOR OFFICE a) The Society shall elect Committee members in accordance with Clause 4 of the City Council Agreement with the exception that the nine (9) non-executive members of the Society shall be elected annually whereas the executive members shall be elected every three years. b) No member shall be eligible for office as an executive member unless they have served on the Committee for 2 consecutive years prior to the AGM at which they seek election to executive office. c) No member shall be eligible for office as a non-executive member unless they have been a Society member for a minimum of one tenancy at the AGM at which they seek election; d) All nominations for the positions of non-executive or executive members of Committee must be received by the current Secretary, in writing, at least 21 days before the Annual General Meeting. e) In the event that there are not enough candidate nominations received to fill all Committee posts then nominations may be accepted from the floor during that meeting. f) No member shall be eligible for office should any warning be outstanding against them. g) A quorum at any Committee meeting shall be no less than six (6) members. 7. MEMBERS COMPLAINTS AGAINST EXECUTIVE OFFICERS If any member shall be aggrieved by the action of any executive officer he may, on production of a Petition signed by twelve (12) members request the said executive officer re-stand for election at the next AGM. Should any of those twelve (12) members not be in attendance at that AGM the said Petition shall automatically be lost. 8. MONTHLY COMMITTEE MEETINGS The elected Committee shall meet every 2nd Sunday in the calendar month, save for the month of August, unless otherwise nominated by the Secretary to the Society. All Committee members are required to maintain the confidentiality of any discussions held within any Committee meeting. The minutes of each Committee meeting shall be published on the Society Notice boards save for any matters discussed within disciplinary hearings. 9. MEMBERS WISHING TO ATTEND MONTHLY COMMITTEE Any Society member may, by giving a minimum of three days written notice to the Secretary, request to attend the next scheduled Committee meeting. Such a request may 2

not be refused. 10. Any Society members attending a monthly Committee in pursuance of Rule 9 above may not take part in any business save only for the matter giving rise to their request under Rule 9. Members may be asked to leave if the Committee feel that the determination of the said business shall be in closed session. In such a case the member must be informed of the decision reached in that session immediately a decision is reached. 11. TREASURERS REPORTS It shall be the duty of the Treasurer to: 1. Give a report to the monthly Committee meeting of all funding and transactions and; 2. Deliver copies of the Annual Treasurers Report to all members no less than 14 days before the Annual General Meeting. Such delivery shall be deemed served if a Report is left at each plot on the said 14th day before the AGM. 12. INITIAL PROBATIONARY TENANCY PERIOD All tenants undertake the tenancy of their respective allotment within the terms of the City Council agreement with the exception that:- A probationary period of twelve (12) weeks shall exist to provide the Committee with an assessment of that persons ability to cultivate an allotment; If within that period or at the end of that period the Committee feel the tenant unsuitable then the tenancy shall be terminated with 14 days written notice. Such Notice shall include the reasons for the decision and detail any right of appeal that may be available. 13. SITE SECURITY AND VISITORS In accordance with the tenancy agreement the Society shall provide access to the site via the gate key. No member shall apart with the possession of the site key at any time and must accompany all visitors known to them whilst on the site, and shall be responsible for all their acts and omissions. Any member found on the site during the hours of darkness shall be required to give explanation to a Full Committee Hearing and may receive notice should the Committee determine the member s reasons to be inadequate. 14. APPLYING TO BUILD STRUCTURES No member shall construct any structure without the prior consent of the Committee. Members shall obtain a form of consent from the Secretary in order to apply for permission to build. Any tenant wishing to build any type of structure as at Rules 16-21 below must first submit an outline sketch of the proposed structure to the Committee with their form of consent. 15. CONDITIONS ON APPROVAL TO BUILD STRUCTURES If outline planning permission is given the tenant shall observe all instructions given in accordance with the City Council agreement and rules 16-21. [ Council Tenancy agreement clauses 3(g) and 4] 16. GREENHOUSES/ POLYTUNNELS All greenhouses shall be constructed to the relevant City Council specification from time to time in force. They may be framed in aluminium, UPVC or timber. They may be painted white or have a varnished or preserved timber finish. Protective mesh may be used to prevent vandal damage but shall be constructed in accordance with instructions given. No mesh structure of this type shall be permanently fixed without the written approval of the 3

Committee. Green houses in situ or built since January 2006 be fitted with adequate guttering discharging into rainwater butts. 17. SHEDS AND HUTS All huts shall be constructed to the relevant City Council specification from time to time in force. Natural timber or green painted finish is allowed. Any over-felted structure must also have all exposed timbers treated/ painted. Sheds and huts must be kept in good repair and painted/ re-finished at least once in every five (5) years. NOTE: (Since January 2006, sheds and huts have been required to be fitted with adequate guttering discharging into rainwater butts). 18. COLDFRAMES Shall only be constructed in accordance with the plan previously submitted to, and approved by, the Committee. 19. COMPOST BINS-MAXIMUM DIMENSIONS ALLOWED PER ALLOTMENT Shall be constructed in accordance with the relevant outline planning permission and shall not be more than 5 feet in height with a maximum cubic capacity of 640 cubic feet ( for example 2 of 5 high x 8 wide x 8 deep or equivalent cubic capacity). 20 LEAN-TO EQUIPMENT STORES Only small equipment stores may be constructed. These must not be a permanent fitting and shall only be sited to the rear of the relevant hut. Maximum dimensions are no wider than the width of the hut and no higher than four (4) feet, six (6) inches tall. 21. STRUCTURES-DISTANCE FROM PATHWAYS AND PERMITTED FIRE TYPES No structure as detailed in Rules 16-20 shall overhang or obstruct, or be sited within 2 feet of any pathway. No structure shall contain any welfare facilities which incorporate an open and unguarded fire. Suitable purpose-built stoves, appliances etc. may be used subject to the above restriction. 22. HOSEPIPES AND WATER STORAGE Hose pipes of any nature may only be used for the refilling of water butts sited around a plot. Any member found leaving hoses running unattended will be the subject of a complaint before the Committee. All members should where possible help to save water and may have water butts adjacent to huts or greenhouses or at intervals spaced down each plot. Baths on allotments with the exception of the Society baths for the containment of water or washing of produce are forbidden. 23. MAINS WATER AND SOCIETY PROPERTY No member should interfere with any type of the water outlet, underground mains or any other equipment belonging to the Society unless so requested by the Committee by way of maintenance. The Secretary may, upon application, give approval for such works and must notify the Committee of such approval at the next scheduled meeting. Statutory Notice will be given to unapproved persons breaching this rule. 4

24. VIABILITY OF INDIVIDUAL ALLOTMENTS Members must manure or compost their plot at least once every three years in order to retain the viability of the said plot. Members must make every effort to ensure their plot does not become overgrown with weeds so that neighbouring plots are adversely affected. In relation to this rule assistance may be given to members but this rule does not authorise sub-letting. [Council tenancy agreement clauses 3 (d) and 3(e)] 25. PATHWAYS- CLEANLINESS AND ACCESS TO AND USE OF INTERMEDIATE PATHWAYS On safety grounds, all pathways must be kept in good order, and clear of refuse, weeds and debris. Each plot holder should attempt, when practicable, to keep their section of main pathway weed-free. All allotment holders must use the main paths to gain access to other parts of the site (e.g. for visits to other members) - and must not use intermediate pathways to gain quick access without the prior approval of the tenants of adjacent allotments. [Council tenancy agreement clause 3(e)] 26. COMMUNAL AND SITE PROJECTS It shall be the duty of all members to assist in site projects designed to maintain or improve the overall viability of the site when requested to do so, whenever possible. 27. ALLEGATIONS OF TRESPASSING ON ANOTHER PLOT WITHOUT PERMISSION Any member may report any person considered to have committed the act of trespass and any alleged offender will be brought to the Committee to give reason for their actions. Summary notice will be given to offenders found to have trespassed without good cause and the Society will request the Council issue proceedings, both civil and criminal, as appropriate. [ Council Tenancy agreement clause 3(v)] 28. FRUIT AND ORNAMENTAL TREES, FRUIT BUSHES AND CANES Members may grow any fruits whether fruit trees or soft fruits proving that NO fruit tree, ornamental tree or bush may be allowed to grow over 8 feet in height or to extend over any pathway or onto a neighbouring allotment. [Council Tenancy agreement, clause 3(i)] 30. VEHICLES ON SITE Vehicles are allowed on site to load/offload and are limited to a maximum of thirty (30) minutes in any two (2) hours unless they are parked on a car park or area of an individual s plot in a manner not obstructing any main pathway. [Council Tenancy agreement clause 3(w)] 31. RELETTING OF PLOT ON DEATH OF EXISTING MEMBER a) On the death of a tenant the Committee will not re-let the plot for a period of 1 month, but will instead notify the family relatives of the terms of Section 8 of the Council Agreement (or any subsequent amendment to that section); b) During that 1 month period only, if the partner or immediate family indicate, in writing, that they wish to continue with the plot will the Committee, by default, grant a new probationary 3 month tenancy to that person (or persons) and Section 12 of the Lister Drive Constitution relating to probationary tenancies will apply; c) In the event that, under Section 12 procedures, a Notice to Quit is issued for poor 5

performance (or other reason) the Committee will then direct the Honorary Secretary to offer the plot to the next person on the published website waiting list in accordance with any procedures then in force. d) For the avoidance of future doubt Section 31(b) applications take precedence over the waiting list then in force so as to ensure existing plot holders continue to invest in their plot and its infrastructure and to reduce the need for persons to request joint tenancies. 32. CONSTRUCTION/ WASTE MATERIALS No waste material or raw building materials shall be stored for disposal but shall be removed immediately from site. Any tenant failing to comply with this clause will be required to give good reason in their failure to comply. In the absence of good reason being shown the Society has the right to levy a charge for the removal of nominated waste or material. 33. SMOKE- HOWEVER CAUSED Any allotment holder who causes nuisance to neighbouring houses or other tenants must be approached by two (2) members of the Society and requested to extinguish or tend the fire so as to cause the smoke to immediately cease. Any tenant refusing to comply must be reported to Committee for referral to the Environmental Department. In the interests of site safety no tenant may leave the site without extinguishing any fire previously set. No Plastics, rubber or toxic materials may be burned at any time. 34. TRANSFERS OF PLOT No member shall be allowed a transfer of plot unless that tenant has been on the existing plot for a minimum of two years. The vacated allotment should be left in good condition. Any transfer is at the discretion of the Committee unless the condition of the existing allotment is such as to warrant the transfer. In the event of a transfer being allowed the transferee shall not remove any structure from the existing allotment without the prior approval of the Committee. FOR AND ON BEHALF OF LISTER DRIVE ALLOTMENTS ASSOCIATION. N Rawes Mr Norman Rawes Honorary Secretary 2011-2012 This transcript of this Constitution and Rules of the Lister Drive Allotments Society must be read in conjunction with the Tenancy Agreement between the Society and Liverpool City Council AND the written minimum and maximum specifications for Greenhouses, Huts and other Structures, the exact specifications of which structures are NOT contained within this document but will be provided to members by the Committee, on request. 6