The Constitution of
Thorpe End Garden Village Residents Association
1. Name
Thorpe End Garden Village Residents Association (TEGVRA).
2. Aims
The aims of TEGVRA shall be to carry out activities that are of benefit to residents within TEGVRA area. In furtherance of this TEGVRA shall have the following powers:
a) To represent all the residents within TEGVRA area; One: The Model Constitution
b) To promote, support and achieve changes and improvements to the quality of life for local people and their communities;
c) To make representation to Local or Regional Government, statutory Authorities, or other similar organisations in matters affecting the residents of Thorpe End Garden Village;
d) To provide, maintain and improve facilities for recreation and amenity where possible, and to encourage a community spirit;
e) To make arrangements for the upkeep of the roads which have not been adopted by Norfolk County Council (i.e. The Boulevard, Lawn Crescent, Woodland Drive and South Walk) and to establish a Road Fund subcommittee for this purpose;
f) TEGVRA shall be a non-profit making organisation, but may hold funds that the Committee deem to be reasonable to meet the future needs of TEGVRA; TEGVRA shall not distribute profits and shall apply all of its income to the furtherance of the aims outlined.
g) Regularly consult and inform all members;
h) Represent the majority view of the community;
i) Be non party-political;
j) Promote membership to all members of the community.
k) The work of TEGVRA shall not be for the benefit of landfill site operators who may contribute to TEGVRA and claim credit under the Landfill Communities Fund. Nor shall it be for the benefit of contributing third parties, as defined in the landfill tax regulations.
3. Membership
a) Voting membership at the TEGVRA AGM is open to all tenants, freeholders, leaseholders and adult members of their household (aged 18 and above) living in TEGVRA area;
b) Voting membership at the TEGVRA AGM will end when a member stops living in TEGVRA area, dies or resigns;
c) In the event of continuous or serious breaches of the Constitution, Code of Conduct, or Equal Opportunities Policy membership of TEGVRA can be suspended or ended by a vote of fifty percent of the Committee;
d) A member whose membership has been suspended in accordance with clause, 3(c) shall be entitled to have that suspension reviewed at the next annual general meeting;
e) Copies of the Constitution are available free to all people in TEGVRA area.
4. Affiliation
TEGVRA may affiliate to any non-party political organisation whose aims and objectives are commensurate with those of TEGVRA and which can help TEGVRA in achieving its aims and objectives.
5. The Committee
a) The Committee shall have a minimum of the following Officers: Chair, Vice Chair, Secretary, and Treasurer. Committee members shall be elected at an Annual General Meeting (AGM). The size of the Committee (including Officers) should be no less than five and no more than fifteen members;
b)
c) The Chair shall chair meetings. The Vice Chair will chair meetings in the absence of the Chair. In the absence of the Chair and Vice Chair another Committee member shall take the role of Chair;
d) Election or removal of Officers or Committee members can only be carried out by a majority vote at an Annual General Meeting or Special General Meeting called specifically for that purpose;
e) Vacancies occurring by resignation or otherwise may be filled by the Committee co-opting members with full voting rights, until the next Annual General Meeting;
f) The Committee may, when necessary or when deemed to be of benefit to TEGVRA, co-opt up to three people not living in TEGVRA catchment area whose skills and/or experience would be advantageous to the Committee in carrying out it’s functions;
h) The Committee shall, as far as possible, be representative of the community that it serves;
i) Any Committee member who does not attend three consecutive meetings without giving reasonable apologies shall be deemed to have resigned.
6. Unadopted Roads Committee
It is in the common interest of the residents of the unadopted roads for these to be maintained in a reasonable state of repair. Whilst legally it is the responsibility of each householder to maintain the road and path adjacent to his / her property the Committee will. if supported by the residents of the unadopted roads, make arrangements for the roads to be resurfaced and repaired from time to time, for drains to be repaired and cleared and for new drains to be laid as necessary.
A Committee of six residents from the unadopted roads shall be elected to organise such work as is thought desirable. At the Committee's discretion, they may call general meetings of the residents of the unadopted roads to discuss proposals for work to be carried out. The Chair, Secretary and Treasurer of TEGVRA shall be ex-officio members of the Unadopted Roads Committee. The cost of the work shall be shared equally between all householders of the unadopted roads.
The Committee may arrange for an annual contribution to the road fund, or may apportion the cost of each job as it is carried out. Money paid by residents for road maintenance shall be kept in a separate road fund account that shall be used solely for these purposes and, similarly, the general funds of TEGVRA shall not be used for purposes associated with the upkeep of the unadopted roads.
7. Meetings
Annual General Meetings
a) TEGVRA shall hold an AGM once each calendar year in the month of November and not more than 15 months shall pass between the date of one AGM and the next;
b) The AGM shall
1. Receive an annual report from the Committee as follows:
· Chair
· Treasurer
· Unadopted Roads Committee
2. Appoint an independent Auditor
3. Elect Officers and Committee members
4. Agree rates for membership fees (if any)
5. Consider any resolution put forward by members
c) All members shall receive notification of an AGM not less than 28 days prior to the meeting. Notice of the AGM shall be published in Church & Parish;
d) Every member present shall have a vote.
Special General Meeting
e) A Special General meeting may be requested in writing to the Secretary by any member of the Committee and / or by a minimum of ten members of TEGVRA. If this request is agreed by at least 50% of the Committee the Secretary will publish the date, time and venue of the meeting on the village notice board at least seven days in advance of the meeting.
Committee Meetings
f) There shall be at least 4 Committee meetings of TEGVRA in any year (including the AGM). A quorum of 4 Committee members must be present at Committee Meetings;
g) Meetings are open to all people living in the area of TEGVRA. Although Committee meetings shall be open to all members, only members of the Committee may vote at Committee meetings.
h) Decisions of the Committee Meeting shall be binding on the Committee;
i) At least seven days notice shall be given for a Committee Meeting.
Extraordinary Committee Meetings
j) An Extraordinary General meeting may be requested in writing to the Secretary by any member of the Committee. If this request is agreed by at least 50% of the Committee the Secretary will notify the members of the Committee at least seven days in advance of the meeting.
Sub Committee Meetings
k) Subcommittee meetings may be called by the Chair and Secretary or at the request of one third of the Committee members. At least 7 days notice must be given to subcommittee members.
8. Conduct of Business
Voting
a) The Committee shall make decisions by a simple majority of Committee members present and voting (with the exception of decisions to alter the Constitution dealt with under item 11. below). Each Committee member present at a Committee meeting has one vote.
b) In the event of a tie in voting the chair of the meeting shall have the casting vote as long as they are not a local authority or landfill operator representative, where the casting vote will pass to an independent member.
This casting vote should not be used to change or introduce new policies or procedures.
c) Conflict of interest must be declared. Members with a conflict of interest should then withdraw from discussion and voting on the issue in question.
d) Members of TEGVRA shall conduct themselves in a manner that will not cause offence to others in accordance with TEGVRA’s Equal Opportunities Policy (see Section 3). Racist, sexist or inflammatory remarks or abusive behaviour will not be tolerated. The Chair or any member of the Committee has the right to issue a verbal warning to any individual whose behaviour contravenes TEGVRA’s Equal Opportunities Policy, and in the event this continues may require the individual concerned to leave the meeting until further notice. The Committee must arrange a meeting to discuss the incident and make a decision regarding future action.
9. Minutes
a) All voting that takes place at an Annual General Meeting, Special General Meeting, Committee Meeting and Extraordinary Committee Meeting shall be counted and recorded in the minutes.
b) All Committee Meetings, Special General Meetings and Extraordinary Committee Meetings must be minuted and the minutes formally approved at the next meeting of the Committee. All Annual General Meetings must be minuted and the minutes formally approved at the next meeting of the Annual General Meeting.
10. Finance
a) A simple record of income and expenditure must be produced each year at the AGM and be available to all members on request;
b) Accounts shall be made up to 30 September each year and examined by an independent examiner;
c) Accounts should be open to inspection by members on request;
d) TEGVRA may raise funds either by donation, grant application, or other means. The proceeds of any such fundraising shall be used in accordance with, and for the furtherance of the aims and objectives of TEGVRA;
e) Account(s) must be opened in the name of TEGVRA. Cheques, transfers and other banking instruments or instructions shall be signed by at least 2 signatories who must be members of the Committee;
d) Signatories must not be related or be members of the same household;
e) Proper records of all petty cash transactions must be kept.
11. Changes to the Constitution
a) Any proposed change to the Constitution must be sent to the Secretary not less than 21 days prior to the meeting at which the alteration is to be discussed;
b) The Secretary will send the proposed amendment to Committee members at least 14 days prior to the Committee Meeting at which the alteration is to be discussed;
c) A decision to alter the constitution:
· Must be made at a Committee Meeting or an Extraordinary Committee Meeting attended by at least 50 per cent of the Committee; and
· Will be approved only with at least a two-thirds majority of those Committee members present and voting at the meeting.
12. Dissolution
a) A Special General Meeting called specifically to consider a motion to dissolve TEGVRA can only dissolve TEGVRA;
b) All members shall be given 14 days written notice of such a meeting;
c) TEGVRA can only dissolve if a majority of the members present and voting at the Special General Meeting vote for a motion to dissolve TEGVRA;
d) The meeting shall decide on the disposal of any assets remaining after the satisfaction of debts and any other liabilities. These assets must be applied to charitable purposes agreed with the members of TEGVRA; Any remaining Landfill Communities Fund money shall be transferred to another enrolled Environmental Body. It shall not be distributed to the members of TEGVRA or donated to a charity or organisation with similar objects.
e) Any Council assets TEGVRA has been permitted to use but which have not been transferred into the ownership of TEGVRA by way of outright donation or gift must be returned to the Council if the Council so wishes.
