JUNIPER HOUSE TENANTS AND RESIDENTS ASSOCIATION CONSTITUTION 2019
- The Association shall be known as:
Juniper House Tenants & Residents Association, (hereafter referred to as ‘the Association’).
- The Association has been primarily established for charitable, benevolent and philanthropic purposes.
Its objectives are these:
To promote the exercise of tenants and residents rights and the maintenance and improvement of their housing conditions, amenities and environment;
To provide facilities for recreation and amenity and to encourage a community spirit;
For the furtherance of these objectives to represent the interests of tenants and residents in consultation with the local authority and other bodies;
To promote the harmonious functioning of a diverse community and the elimination of all forms of discrimination within it.
In order to achieve these aims the Association will have the power:
To obtain, collect and receive money by way of contributions, donations (by means of fundraising or otherwise), affiliation fees, subscriptions, legacies, grants and any other lawful method;
To become members of or accept membership from any organisation having aims and objectives similar to those of the Association;
To give administrative help and guidance to other local groups having similar objectives and mutual support;
To employ staff/consultants to carry out special projects or activities in the area of benefit;
To purchase, take on lease or in exchange, hire or otherwise lawfully acquire such property or other rights and privileges as may be necessary for the promotion of its objectives, and to construct, maintain or alter the same.
- The Association shall have the power to affiliate to any body whose objectives may be of benefit to its membership.
- Membership shall be open, irrespective of nationality, race, disability, sexual orientation, political or religious belief, to all those legally resident on the Juniper House Details contained in appendix 1
CODE OF CONDUCT
- It shall be a condition of membership that members conduct themselves in a reasonable manner at all times and in compliance with this clause and constitution.
This includes at meetings of, and in premises used by the Association, during any activity performed or attended on behalf of the Association, including attendance at other meetings or bodies.
Everyone present must:
a) • Treat other participants with courtesy and respect;
b) • Be sensitive to the needs of those participants who are not used to speaking in public, or whose first language is not English.
c) • Conduct themselves in a way that does not cause offence to others or limits in any way others’ ability to participate in meetings.
d) • Not engage in any activities which create a conflict of interest, or might appear to conflict with, their responsibilities or obligations to the Association.
- Any member may be excluded from attending meetings or Association activities for breaching this condition of membership, or for any other conduct contravening the objectives of the Association, by a majority of those present and voting on a motion to this effect at any meeting.
After the meeting in which the motion has been passed the Association will put it in writing to the member concerned.
Any member so excluded has a right of appeal to the following general meeting, by notifying the Secretary not less than 21 days before the meeting.
- Any subscriptions or other monies raised by or on behalf of the Association shall only be used to support the Association’s objectives
CONDUCT OF BUSINESS
- The business of the Association shall be conducted by a committee elected at each AGM, which shall consist of a Chairperson, Treasurer, Vice-Chairperson, Secretary and not less than four (4) other members. Nominations for the officer posts of the Association shall be sought from all voting members present at the AGM. No two (2) or more officers shall be elected from the same household. The composition of the committee must as far as possible reflect the diversity of the community represented.
- Elected councillors of the Landlord authority shall not be eligible for election to the Association’s committee, nor shall they represent the Association.
- Where a Tenant Management Organisation exists in the same estate or area as the Association, that body’s committee members may not make up more than one third of the Association’s committee.
- The committee shall have the power to co-opt anyone it considers to have a local interest and/or expertise.
Such co-optees will not have voting rights and may not be an officer of the Association.
ELECTION OR REMOVAL OF OFFICERS
- The election or removal of officers or committee members may only be carried out by a general meeting of the Association.
The committee may temporarily fill any vacancy arising among the officers of the Association from its other members of the committee until the next general meeting of members.
In exceptional circumstances the committee may remove officers or committee members pending ratification by a General or Special General Meeting held at the earliest possible opportunity.
MANAGEMENT OF ASSETS AND FINANCE
- All Association assets should be recorded in a register and only used as agreed by the committee in a minuted decision.
Members of the Association may not gain financially as a result of their membership.
The Association shall hold Public Liability Insurance and shall endeavour to ensure that its assets are also suitably insured.
The Association shall consider whether it is appropriate to take out an insurance policy that indemnifies committee members from and against legal claims against them personally if they are acting on behalf of the Association and if it is considered appropriate, the Association shall take out such insurance.
The committee shall be responsible for proper financial control.
An updated financial report on income and expenditure since the last meeting should be on each meeting’s agenda.
- TRAs must apply to the council for recognition annually.
- The committee shall meet as necessary and not less than 6 times in each year. Committee meetings shall be open to any member of the Association wishing to attend who may speak but not vote.
Where circumstances dictate, part or all of a committee meeting shall be attended only by committee members. Committee members shall be given not less than seven (7) days notice of any committee meeting.
- Not less than two (2) of the committee’s meetings shall be general meetings of the Association, including an AGM. At which all members over 16 may speak, and all members over 16 living in the estate or area – except non-resident landlords – may vote. The decisions of general meetings of the Association shall be binding on the committee. All decisions shall be taken by a simple majority of members present and voting.
All members shall be given not less than 14 days prior notice of any general meeting.
ANNUAL GENERAL MEETINGS
- The committee shall call an Annual General Meeting (AGM) of the Association each year in the month of November Not less than 14 days prior notice of the AGM shall be given to all members. At this meeting:
the committee shall present an annual report of the Association;
sub-committees shall present an annual report and an account of their activities;
the committee shall present the verified accounts of the Association for the previous year;
the officers, committee and nominated person verify the accounts for the next year shall be elected;
delegates and deputies to Area Housing Forums and other bodies will be elected.
All such elected delegates and deputies must be committee members;
any proposals submitted to the Secretary in writing not less than 21 days in advance of the meeting shall be discussed.
SPECIAL GENERAL MEETING
- The TRA shall call a General Meeting at the request of a majority of the committee or on receipt of a written petition by not less than 10 members of the Association giving reasons for their request. The Secretary shall give not less than 14 days notice of the holding of a Special General Meeting, with the reasons for calling the meeting, which shall take place within 28 days of the receipt of the request or petition.
- The quorum for committee meetings of the Association shall be one-third of its elected membership, or four (4) members, whichever is the greater. The minimum quorum for general meetings will be at least six (6) of the properties being represented.
In the event of an inquorate reconvened General or Annual General Meeting, a minimum of three (3) properties represented shall constitute a quorum. The business conducted to be approved by the next Quorate meeting of the TRA, and a new General Meeting to be called if deemed necessary.
- If after 15 minutes of the advertised starting time a quorum is not achieved, the meeting shall be closed.
NOTICE OF MEETINGS
- Notice of all meetings shall be delivered to each property covered by the Association. It shall include the date, time and place of the meeting, minutes of the previous meeting, and an Agenda of matters to be discussed. And shall be widely publicised using notice boards and appropriate public areas. Following the AGM a schedule of meeting dates for the year shall be provided to each committee member.
- The committee may appoint such sub-committees as may be required to carry out the activities of the Association. Such sub-committees shall be directly accountable to the committee. The committee shall agree in advance the terms of reference of any sub-committee, which may then act and apply any finance raised by itself or on its behalf only within those terms. The Chairperson and Treasurer of the Association shall be non-voting ex-officio members of any sub-committee.
- Where any sub-committee is to continue in existence beyond the AGM following its appointment, its members shall submit themselves for re-election at that meeting and annually thereafter.
- All sub-committees shall keep accounts of income and expenditure, and a record of all meetings, and shall report on them or deliver them up as required by the committee or general meeting.
- The committee or general meeting may dissolve any sub-committee, whereupon the accounts, records and assets, (financial and otherwise) of the sub-committee shall pass into the hands of the committee.
- Where a Recognised Tenants Association (RTA) under the provisions of Section 29 of the Landlord and Tenant Act 1985, with its own terms of reference and sufficient accountability to leaseholders in the area exists within the area of the Association, the RTA may be appointed as a sub-committee of the Association.
DUTIES OF OFFICERS
- THE CHAIRPERSON, or in his/her absence, the Vice Chairperson shall preside over all meetings of the Association. In the absence of both the Chairperson and Vice Chairperson from any meeting of the association the members of the Committee shall elect from among it members a person to preside for that meeting only.
- THE TREASURER shall open and maintain a banking account in the name of the Association. All cheques shall be signed by the Treasurer and one of three (3) or more other committee members nominated by the committee as signatories on the bank account. The Treasurer shall keep accounts of income and expenditure and report on them or deliver them up as required by the committee or general meeting (see also clause 15). Such accounts shall be financially verified by a non-member of the Association, who will be appointed by the membership at the Annual General Meeting.
- THE SECRETARY, in consultation with the chair, shall be responsible for convening all meetings and giving the prescribed notice to members. S/he shall ensure that a proper record is kept of all meetings of the Association and committee in the form of minutes, and shall deliver up such records as required by the committee or general meeting. The Secretary shall permit the agreed minutes to be examined within seven (7) days of receipt of a written request by any two (2) or more members of the Association.
- Any member of the Association delegated to represent it in consultation with any other body shall act in the best interests of the Association. The delegate shall wherever possible consult with the Association and act on their instructions and report back to the following committee or general meeting, whichever is the sooner.
ALTERATIONS TO THE CONSTITUTION
- Any proposal to alter this Constitution must be submitted to the Secretary of the Association not less than 21 days before the general meeting at which it is to be discussed. Not less than 14 days notice shall be given of such a meeting, together with the original wording and the proposed alteration(s). Any alteration shall require the approval of two-thirds of those present and voting at the meeting.
- If the committee, or if a committee no longer exists, any ten (10) members of the Association, shall decide that the Association should be dissolved, they shall give at least 14 days notice to all those eligible for membership of a meeting at which the matter shall be discussed. For the sole purpose of dissolution, a quorum need not apply, and the Association may be dissolved by a two-thirds majority of those present. The assets, financial and otherwise, remaining when the Association has satisfied its liabilities, shall be applied for such purposes of benefit to the local community as the meeting shall decide.
THIS CONSTITUTION WAS AGREED AT A GENERAL MEETING OF:
Juniper House Tenants & Residents Association.
HELD ON: 30/04/2019
J.M. WILFORD. flat 14
R. KENYON. flat 32