Company Rules

1. INTRODUCTION
The objects of Tugmutton Allotments Limited (“the Company”) shall be set out in the Company’s Articles of Association (“the Articles”)

2. Membership
There shall be two categories of Membership (a) Members and (b) Associate Members
2.1 Members
•    Are Plot holders who are required as a condition of Tenancy to be “Members of the Company”
•    Members will be defined as those who have signed and dated both the “Statement of Guarantee” and the Allotment Tenancy Agreement for the year
•    By signing the Allotment Tenancy Agreement Members will have agreed to the Tenancy Terms and Conditions and to the Company Rules
•    Members must pay the Membership fee by the due date for the year in order to be covered
     by the Company’s insurance
•    Members have full voting rights and are entitled to attend the Annual and any Extraordinary General Meetings
2.2 Associate Members
•    Are defined as those who are not plot holders but work a plot in conjunction with the Member
•    They have no voting rights but will be entitled to attend the Annual and any Extraordinary General Meetings
•    Their details must be completed on the Contact Details Form attached to the Tenancy Agreement for that year
•    They must undertake to abide by the Tenancy Terms and Conditions and the Company Rules (a copy of which is published on the website)
•    They will have paid an Associate Membership Fee by the due date for that year in order to be covered by the Company’s insurance
2.3 The amount of the Tenancy Fee (comprising of: Rent, Membership fee, Water Charge, Work Party Bond and Key Deposit) will be set by the Company Committee, voted on and agreed at the AGM.
2.4 Non-payment of the Tenancy fee or non-compliance with the Company Rules will be grounds for termination of tenancy and membership. Decision to be made by the Company Committee.
2.5 Children and Minors
Members and Associate Members are entirely responsible for the safety and behaviour of any children/minors (under the age of 18) they bring onto the site.

3. Officers
3.1 The Directors of the Company shall, in accordance with the Articles, delegate the day-to-day operation of the Company to a Committee comprising a Chairman, Treasurer, Secretary and Membership Secretary (the Officers) and up to five other Members.
3.2 The Officers shall be elected by the Members at the Annual General Meeting of the Company (AGM see 5. below) by a show of hands or ballot if required by the Chairman or Committee.
3.3 The Officers shall serve for one year from the conclusion of one AGM to the conclusion of the following AGM.
3.4 All Company records, both electronic and paper, remain the property of the Company and must be placed in possession of the Committee when an Officer ceases in post.

4. The Company Committee (the Committee)
4.1 The Committee shall  comprise all Officers plus a minimum of two Members.
4.2 The maximum size of the Committee, including the Officers, shall be nine Members.
4.3 The Committee shall be elected by a show of hands at the AGM. Candidates for the Committee, including Officers, will be nominated and seconded by Members. A list of nominations will be circulated 14 days prior to the AGM.
4.4 The Committee may co-opt up to two Members. The membership is to be advised of any co- opts.
4.5 No two Members of a household may serve concurrently on the Committee.
4.6 No person can hold two offices concurrently.
4.7 Committee meetings are to be held once a month.
4.8   A Quorum at any Committee meeting shall be 4 Members of the current Committee of which two must be Officers.
4.9   Any vote taken at Committee meeting is to be recorded in the minutes.
4.10 In the event of a tie, the Chair at the meeting shall have the casting vote.
4.11 A person can be suspended as a Committee Member by a quorum of the Committee but an Extraordinary Meeting must be called to remove the Committee Member giving the person the opportunity to defend themselves. Rules for Extraordinary meetings would apply. If this occurs within 6 weeks of the lead up to the AGM, the deliberations and vote would take place at the AGM.

5. Annual General Meeting (AGM)
5.1 The AGM will be held annually in February.
5.2 The membership must have a minimum of 28 days notice of AGM.
5.3 Any motions for discussion at the AGM must be provided to the Secretary a minimum of 18 days prior to AGM. The Secretary must circulate an agenda, including all properly submitted motions, at least 14 days prior to AGM.  They must be proposed and seconded by Members.
5.4 Additional matters raised at the AGM are to be noted by the incoming Committee for discussion and to be recorded in the minutes.
5.5 A Quorum at any AGM will consist of no less than 20 Members including Officers.
5.6 The meeting shall proceed according to the distributed agenda.
5.7 The agenda to include as a minimum:
5.7.1 Approval of the minutes for the previous AGM minutes.
5.7.2 Approval of Annual Report of the Association activities in the preceding year.
5.7.3 Election of Officers and Committee Members for the coming year.
5.7.4 Election of Auditor who shall not be a Committee Member.
5.7.5 Presentation of the accounts for the preceding accounting year, report by the Auditor, and approval of accounts.
5.7.6 Consideration of any motion submitted (see 5.3 above).
5.7.7 Noting matters raised under 5.4.
5.7.8 There is no “Any Other Business” for AGM.
5.8 Voting shall be by a show of hands or ballot if required by the Chairman or the Committee. In the event of a tie, the Chair at the meeting shall have the casting vote. Voting is to be recorded in the minutes.


6. Extraordinary General Meetings
6.1 The Committee and Directors have the power to call an extraordinary General meeting at any time.
6.2 The Committee must call an Extraordinary General meeting within 20 days of receiving a written request signed by a minimum of 5% of Members. The request must detail the business of the meeting.
6.3 All Members must be notified of all details of the meeting, including the business of the meeting, at least 14 days before the date of the meeting.
6.4 No business, other than that previously defined, is to be discussed at an Extraordinary General Meeting.
6.5 Paragraph 5.5 and 5.8 shall apply.

7. Powers and Duties of Officers
7.1 The Chairman shall conduct meetings in accordance with the Articles of the Company except where the conduct is varied by these Rules. He/she will have the casting vote.
The Chairman will:
•    Promote the aims and objectives of the Company
•    Oversee the running of the Company
•    Ensure fairness and honesty in dealings between Members and the Committee
•    Chair Committee Meetings, AGM, and Extraordinary Meetings
•    Ensure and promote good sustainable practices, to support the stewardship of the allotments/land and the biodiversity of the allotments
•    Act as representative on behalf of the Committee and its members between the Council, BALGF and other outside bodies
•    Present awards and prizes at allotment competitions
•    Provide a yearly report for presenting at the AGM (Chairman’s Report)
•    Act as Liaison point with Bromley Allotments and Leisure Gardens Limited
•    Keep all spare keys for both sites
7.2 The Secretary will:
•    Arrange the agenda for Committee meetings and keep minutes of the meetings
•    Arrange the agenda for the Annual General meeting and keep minutes of the meeting
•    Send copies of the agenda for the Annual General Meeting, together with financially examined accounts if available, to all Members before the due date of the meeting
•    Deal with Company correspondence
 7.3 The Treasurer will:
•    Receive all monies and transact all financial business of the Company maintaining records which are satisfactory to the Financial Examiners and shall arrange for them to carry out an independent review of the accounts prior to the presentation of those accounts to an Annual General Meeting
•    Issue invoices to all members by 1 March each year
•    Prepare accounts for AGM and have them approved by auditor agreed at AGM
•    Keep monthly record of both current and deposit accounts
•    Keep cheque books and paying-in books
•    Keep record of all petty cash paid and invoices paid by cheque
•    Inform Membership Secretary of transfers for rent, direct to bank account
•    Keep list of Members attending work parties
7.4 The Membership Secretary will:
•    Deal with correspondence relating to the letting of plots
•    Keep the Company Committee updated on plot lettings and/or problems relating to the same
•    Receive all monies for rents of plots and pass these monies to the Treasurer
•    Keep an up-to-date list of contact details of all Members and Associate Members
•    Keep an up-to-date waiting list for plots
•    Respond to all requests for plots which arrive via the website or by other means
•    Show plots to prospective new tenants
7.5   The Site Manager(s) will:
•    Monitor the condition of all plots against the Rules of the Company
•    Report concerns to the Committee
•    Make recommendations for work party activities
•    Monitor the condition of common paths and areas
•    Monitor the condition of Company equipment and arrange any maintenance/replacement activity
•    Arrange emergency activity with respect to locks and water supply

8. Powers and duties of the Committee
8.1 The Committee is responsible for running the day to day activities of the Company in accordance with these Rules and reporting back to the Directors.
8.2 Any amendment to the Company Rules must be approved by a quorum of the Company Committee and duly submitted to the Directors for approval.

9. Financial Provisions
9.1 The Company will have a bank account.
9.2 All cheques drawn on the bank account shall be signed by two signatories, one of whom must be the Treasurer.
9.3 A Committee Member may commit expenditure up to a maximum of £50 solely for the benefit of the Company.
9.4 Any single expenditure by the Company above the sum of £50 to be approved at Committee meeting.
9.5 All rents and other monies shall be passed to the Treasurer, or transfers notified to the Treasurer, for keeping accounting records thereof and presenting accounts for audit at the end of the financial year.
9.6 The financial year for the Company will be from 1 January to 31 December each year.
9.7 Annual accounts will be prepared and made available to the Auditor in due time for reporting to the AGM.
9.8 Auditor to be appointed at AGM by the membership.

10. Communal Machinery/Equipment
All Communal Machinery is used at the Members own risk.
10.1 All Members are responsible for their own safety and should adopt good, safe working practice on site and to use any machinery by exercising a “Duty of Care” for their personal health and safety and that of other Members.
10.2 Members should abide by the machinery/equipment instructions (copies in sheds on site and on Company website).
10.3 No person under the age of 18 is allowed to use the communal machinery/powered tools, even under adult supervision.
10.4 Company machinery is maintained by a volunteer workforce and is supplied in a safe condition.
10.5 At no time should any safety guards or features be removed from any of the equipment.
10.6 Members should report any concerns immediately to the Committee (via email), return the equipment to the shed and attach a “do not use” tag (provided on site).
10.7 It is the user’s responsibility to ensure the use of appropriate PPE (personal protective equipment) masks, visors, gloves and sturdy shoes are to be worn at all times when using Company machinery.
10.8 The use of chainsaws is prohibited at all times (this is a condition of insurance).

11. Work Parties
11.1 Work parties will normally be held monthly at weekends between March and November.
11.2 Members will be expected to attend at least 3 work parties per year.
11.3 Where possible Members should try to attend one work party in each of the following 3 month periods: March/April/May, June/July/August, September/October/November.
11.4 A Performance Bond of £60 (increased from £30 in 2019) will be levied against each plot at the commencement of tenancy.
11.5 The Performance Bond is refundable at the end of tenancy if Members have attended a minimum of 3 work parties each year.
11.6 If Members fail to attend 3 work parties in any one year the following year a pro rata Performance Bond will be levied (e.g. 2 work parties attended, pro rata bond of £20 levied).
11.7 Where a plot has joint tenancy only one Performance Bond will be levied.
11.8 Where a Member has tenancy of more than one plot, they will only be expected to attend 3 work parties and only one Performance Bond will be levied.

12. BBQs
Only BBQs organised by the Committee are allowed on the allotment sites. Typically there will only be one or two of these organised per year.

13. Bonfires
The lighting of bonfires is prohibited at all times.

14. Hoses
The use of hoses is prohibited at all times.

15. Sheds
Notwithstanding Condition 1(f) if the Allotment Tenancy Terms and Conditions, any building or structure on the allotment garden shall be within the Member’s plot and not placed directly next to hedges, in order to allow access for cutting the hedges.

16. Conduct of Members and Associate Members
All matters of conduct of Members and Associate Members are covered under the Terms and Conditions of Tenancy in conjunction with these Company Rules and the Company Articles of Association.

 17. Other Matters
Any matters for which provision is not made in these Company Rules and Company Articles of Association shall be dealt with by the Company Committee or Directors at their discretion.

February, 2020/2021