LOmpit the family for “Peace”
LOve Many in Peace with Integrity and Trust
Residents
Association for my Housing
estate
Registered Association charity no:- (maybe considering if you envisage making and giving monies
away)
Trustees
The (the village hall, play areas,
solar insulation together with land registry numbers) is owned by
the My housing estate and vested in the Official Custodian for
Charities. The deeds are held for the Trust …….. Members of the Executive
Committee are Trustees under Association law and as such are responsible for
managing the Association in accordance with the constitution and as required by
law.
Constitution
Adopted on …….
FUNDING
A
compulsory charge on all residents over 18 set at the AGM, with the similar
charge for each business in the area. The association will not make a profit.
Clause A. Name.
The name of the Association is my
housing estate
Clause B. Administration.
Subject to the matters set out below the
Association and its property shall be administered and managed in accordance
with this constitution by the members of the Executive Committee constituted by
clause G of this constitution.
Clause C. Objects.
The Association objects are to hold and
manage the property described in the conveyance (With a map of the of the
areas, as registered with the Land Registry in the name of the Council) dated
….
The committee shall hold a map of the total area of the development.
1. provide for the recreational and educational use of the land in
the interests of the members.
2. To provide power distribution from its own generation with back up
storage. Ideally all the residential properties will be off grid. (this can be
achieved through a max wattage at any one time of 4 kilowatts in conjunction
certain sockets in the property only being live when excess energy being
generated.
3. The businesses in the development will only be offered excess
when and if generated, otherwise they will get their power from the grid or
from their own resources.
Clause D. Powers.
In furtherance of the objects but not
otherwise the Executive Committee may exercise the following powers:-
1. power to raise funds and to invite and receive contributions
provided that in raising funds the Executive Committee shall not undertake any
substantial permanent trading and shall conform to any relevant requirements of
the law;
2. power to buy, take on lease or in exchange any property
necessary for the achievement of the objects and to maintain and equip it for
use;
3. power subject to any consents required by law to borrow money
and to charge all or any part of the property of the Association with repayment
of the money so borrowed;
4. power to employ such staff (who shall not be members of the
Executive Committee) as are necessary for the proper pursuit of the objects and
to make all reasonable and necessary provision for the payment of pensions and
superannuation for staff and their dependents
5. power to co-operate with other charities, voluntary bodies and
statutory authorities operating in furtherance of the objects or similar
charitable purposes and to exchange information and advice with them;
6. power to establish or support any charitable trusts,
associations or institutions formed for all or any of the objects;
7. power to apply for any available grants.
8. power to do all such other lawful things as are necessary for
the achievement of the objects.
Clause E. Membership.
1. Membership of the Association is open to all people (over 18)
living in the residential properties of my housing estate and a
representative from any business operating in my housing estate
area
Clause F. Honorary officers.
At the annual general meeting the members
shall elect from among themselves a chairman, a secretary and a treasurer who
shall hold office from the conclusion of that meeting. No one person to hold
more than one office.
Clause G. Executive Committee.
1. The Executive Committee shall consist of
not less than 5 members nor more than 12 members being:-
a) the honorary officers specified in the
preceding clause;
b) not less than 2 and not more than 9
members elected at the annual general meeting who shall hold office from the
conclusion of that meeting.
3. All the members of the Executive
Committee shall retire from office together at the end of the annual general
meeting next after the date on which they came into office but they may be
re-elected or re- appointed.
4. The proceedings of the Executive
Committee shall not be invalidated by any vacancy among their number or by any failure
to appoint or any defect in the appointment or qualification of a member.
5. Nobody shall be appointed as a member of
the Executive Committee who is aged under 18 or who would if appointed be
disqualified under the provisions of the following clause.
6. No person shall be entitled to act as a
member of the Executive Committee whether on a first or on any subsequent entry
into office until after signing in the minute book of the Executive Committee a
declaration of acceptance and of willingness to act in the trusts of the
Association.
7. All vacancies if they occur will
notified to all Members and an election will be held at the next AGM or EGM.
Clause H.
Determination of membership of Executive Committee. A member of the Executive
Committee shall cease to hold office if he or she:-
1. becomes incapable by reason of mental
disorder, illness or injury of managing and administering his or her own
affairs.
2. is absent without the permission of the
Executive Committee from all their meetings held within a period of six months
and the Executive Committee resolve that his or her office be vacated; or
3. notifies to the Executive Committee a
wish to resign (but only if at least three members of the Executive Committee
will remain in office when the notice of resignation is to take effect.
Clause I. Executive
Committee members not to be personally interested.
No member of the Executive Committee shall
acquire any interest in property belonging to the Association (otherwise than
as a trustee for the Association) or receive remuneration or be interested
(otherwise than as a member of the Executive Committee) in any contract entered
into by the Executive Committee.
Clause J. Meeting and
Proceedings of the Executive Committee
1. The Executive Committee shall hold at
least two ordinary meetings each year. A special meeting may be called at any
time by the chairman or by any two members of the Executive Committee upon not
less than 4 days' notice being given to the other members of the Executive
Committee of the matters to be discussed but if the matters include an
appointment of a co-opted member then not less than 21 days' notice must be
given.
2. The chairman shall act as chairman at
meetings of the Executive Committee. If the chairman is absent from any meeting
the members of the Executive Committee present shall choose one of their number
to be chairman of the meeting before any business is transacted.
3. There shall be a quorum when at least
one third of the members of the Executive Committee for the time being or three
members of the Executive Committee whichever is the greater are present at the
meeting.
4. Every matter shall be determined by a
majority of votes of the members of the Executive Committee present and voting
on the question but in the case of equality of votes the chairman of the
meeting shall have a second or casting vote.
5. The Executive Committee shall keep
minutes in books kept for the purpose of the proceedings at meetings of the
Executive Committee and any sub-committee, which should be available to the
membership on request.
6. The Executive Committee may from time to
time make and alter rules for the conduct of their business, the summons and
conduct of their meetings and the custody of documents. No rule may be made
which is inconsistent with this constitution.
7. The Executive Committee may appoint one
or more sub- committees consisting of three or more members of the Executive
Committee for the purpose of making any enquiry or supervising or performing
any function or duty which in the opinion of the Executive Committee would be
more conveniently undertaken or carried out by a sub-committee; provided that
all acts and proceedings of any such sub- committees shall be fully and
promptly reported to the Executive Committee.
8. All meetings will be open to all members
as observers.
9. All minutes of meeting will be made
public and published online.
Clause K. Receipts and Expenditure.
1. The funds of the Association, including
all donations contributions and bequests, shall be paid into an account
operated by the Executive Committee in the name of the Association at such bank
as the Executive Committee shall from time to time decide. All cheques drawn on
the account must be signed by at least two members of the Executive Committee.
2. The funds belonging to the Association
shall be applied only in furthering the objects.
3. No funds, other than for day to day
expenditure, should be made without consulting the membership.
Clause L. Property.
1. Subject to the provisions of sub-clause
(2) of this clause, the Executive Committee shall cause the title to
(a) all land held by or in trust for the
Association which is not vested in the Official Custodian for Charities and
(b) all investments held by or on behalf of
the Association to be vested either in a corporation entitled to act as a
custodian trustee or in not less than three individuals appointed by them as
holding trustees. Holding trustees may be removed by the Executive Committee at
their pleasure and shall act in accordance with the lawful directions of the
Executive Committee. Provided they act only in accordance with the lawful
directions of the Executive Committee, the holding trustees shall not be
responsible for the acts and defaults of its members.
2. If a corporation entitled to act as a
custodian trustee has not — been appointed to hold the property of the
Association, the Executive Committee may permit any investments held by or in
trust for the Association to be held in the name of a clearing bank, trust
corporation or any stockbroking company which is a member of the International
Stock
Exchange (or any subsidiary of any such
stockbroking company) as nominee for the Executive Committee and may pay such a
nominee reasonable and proper remuneration for acting as such.
Clause M. Accounts.
1) The keeping of accounting records for
the Association;
2) the preparation of annual statements of
account for the Association;
3) the auditing or independent examination
of the statements of account of the Association; and
4) the transmission of the statements of
account of the Association to the Commissioners.
5) the accounts will be published on the associations website
Clause N. Annual General Meeting.
1) There shall be an annual general meeting
of the Association which shall be held in the month of XXXXX in each year or as
soon as practicable thereafter.
2) Every annual general meeting shall be
called by the Executive Committee. The secretary shall give at least 21 days'
notice of the annual general meeting to all the members of the Association with
the agenda. All the members of the Association shall be entitled to attend and
vote at the meeting.
3) Before any other business is transacted
at the first annual general meeting the persons present shall appoint a
chairman of the meeting. The chairman shall be the chairman of subsequent
annual general meetings but if he or she is not present, before any other
business is transacted, the persons present shall appoint a chairman of the
meeting.
4) The Executive Committee shall present to
each annual general meeting the report and accounts of the Association for the
preceding year.
5) Nominations for election to the
Executive Committee must be made by members of the Association in writing and
must be in the hands of the secretary of the Executive Committee at least 14
days before the annual general meeting. Should nominations exceed vacancies,
election shall be by ballot on an individual basis.
Clause O. Special General Meetings.
The Executive Committee may call a special
general meeting of the Association at any time. If at least ten members request
such a meeting in writing stating the business to be considered the secretary
shall call such a meeting. At least 21 days' notice must be given. The notice
must state the business to be discussed.
Clause P. Procedure at General Meetings.
1) The secretary or other person specially
appointed by the Executive Committee shall keep a full record of proceedings at
every general meeting of the Association.
2) There shall be a quorum when at least
one tenth of the number of members of the Association for the time being or ten
members of the Association, whichever is the greater, are present at any
general meeting.
Clause Q. Notices.
Any notice to be served on any member of
the Association shall be in writing and shall be served by the secretary or the
Executive Committee on any member either personally or by sending it through
the post in a prepaid letter addressed to such member at his or her last known
address in the United Kingdom, and any letter so sent shall be deemed to have
arrived within ten days of posting.
Clause R. Alterations to the Constitution.
1) Subject to the following provisions of
this clause the Constitution may be altered by a resolution passed by not less
than two thirds of the members present and voting at a general meeting. The
notice of the general meeting must include notice of the resolution setting out
the terms of the alteration proposed.
2) No amendment may be made to clause A
(the name of the Association), clause C (the objects of the Association),
clause I (Executive Committee members not to be personally interested) clause U
(dissolution of the Association) or this clause without the prior consent in
writing of the Commissioners.
3) No amendments may be made which would
have the effect of making the Association cease to be a Association at law.
4) The Executive Committee should promptly
send to the Commissioners a copy of any amendment made under this clause.
Clause S. Dissolution. (this clause is required if it is decided
that no to be a Association, as the PotBoilers are attached to property not to
people)
If the Executive Committee decides that it
is necessary or advisable to dissolve the Association it shall call a meeting
of all members of the Association of which not less than 21 days' notice
(stating the terms of the resolution to be proposed) shall be given. If the
proposal is confirmed by a two- thirds majority of those present and voting the
Executive Committee shall have power to realise any assets held by or on behalf
of the Association. Any assets remaining after the satisfaction of any proper debts
and liabilities shall be given or transferred to such other charitable
institution or institutions having objects similar to the objects of the
Association as the members of the Association may determine or failing that may
be applied for some other charitable purpose.