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The “Original” Tillicoultry Allotments CONSTITUTION and Tenancy AgreementAgreeD At AGM 29/11/2015CONTENTS PAGEName1Objectives1Powers and rules1Tenancy Agreement2Membership and Fees5Meetings6Management and Finance6The “Original” Tillicoultry Allotments Association Constitution and Tenancy AgreementNAME – The Association shall be known as the “original” Tillicoultry Allotments Association.OBJECTIVESThe objectives of the Association shall be:To manage the allotments for the benefit of members in accordance with this Constitution and Tenancy Agreement (section 4).To promote, by whatever means agreed by the membership, the suitable provision of allotments.In pursuit of these objectives the association is non-political and shall act in a fair and non-discriminatory way.POWERS AND RULESThe Association shall be empowered to do anything which may be conducive to the furtherance of its Objectives.The Committee is the body responsible for the management of the Association. The Committee will compose of a maximum of five elected members and one Treasurer.The Committee retains the sole right to terminate, for good and sufficient reasons, any allotment holder’s membership of the association and to decide which plots members either loose and/or retain.The Committee has the power to make rules for the administration of the Association.The provisions of this Constitution and Tenancy Agreement may be amended at a General Meeting by a resolution passed by two-thirds of the members.The Committee will carry out periodic inspections of all allotments (minimum two per year in May and November) and if, in their opinion, a plot in uncared for or very untidy, the tenant will be advised, in writing, giving them 28 days from receipt of letter to bring their allotment up to a reasonable standard of cultivation/tidiness. If no improvement is made within the said timescale their tenancy will be terminated.TENANCY AGREEMENT (No section of this agreement will apply retrospectively i.e. prior to the adoption date of this Constitution and Tenancy Agreement).This is an agreement between The “Original” Tillicoultry Allotments Committee and the Tenant. The Committee agrees to let and the Tenant agrees to fully comply with all of the following sections of this agreement and, all sections of the Allotments Constitution,The Tenant shall use the Allotment only for growing vegetables, fruits and/or flowers and, in designated areas only, for keeping poultry and shall not permit the Allotment to be used for the purpose of any overnight accommodation, trade, business or any activity incompatible with allotment gardening.If tenants have plots for keeping poultry, poultry (a proportionate number of birds to plot size) must be kept on the plot.The Tenant must keep at least half of their plot in a state of cultivation/production during the growing season as defined below to the reasonable satisfaction of the Committee and must make every effort to keep weeds under control at all times.Cultivation shall mean ensuring weeds are cleared and kept under control, and the soil dug over / rotavated.The Tenant shall shut and lock the gates at all times.The Tenant is responsible for maintaining, in accessible and good condition, any pathway or hedge included in or surrounding their Allotment.The Tenant acknowledges that the Committee reserves the right to enter and inspect their Allotment at any time.Plots are strictly non-transferable and cannot be sub-let in whole or in part.The Tenant shall treat others with respect and understand all views are important even if they are not the same as their own and respect individuals rights to manage their plot and grow the produce they wish as long as it is within the rules of the Constitution and Tenancy Agreement.Tenants shall not use any form of violence on the site whether physical and/or verbal and not cause or permit any nuisance or annoyance to the occupier of any other Allotment on the site or the residents of any premises in the vicinity either by action or inaction, or by rude or offensive behaviour, whether through carelessness, ignorance or persistent or deliberate action.Tenants shall not commit any acts of discrimination against any person or body on grounds of their race, religion, gender, sexuality, gender assignment, age or disability and understand that all forms of discrimination, including bullying and harassment, are unacceptable.Tenants shall not trespass or cause damage to other Tenants’ Allotments or crops or take other Tenant’s crops/flowers without that Tenant’s prior permission.Tenants shall agree that in any case of dispute between the Tenant and any other occupier of an Allotment on the site which cannot be resolved shall be referred to the Committee, whose decision shall be final and binding on all parties involved in the dispute.When using sprays or fertilisers, Tenants shall take all reasonable care not to adversely affect members of the public and neighbouring plots.Tenants must notify the Committee of any change of address.All pets brought to the Allotments must be kept under control at all times.Allotment holders with a whole / several or half a plot will have one vote in any decision.No Tenant will be allowed to build any structure on their allotment greater than 17 feet by 17 feet in size.No shed shall exceed 8 x 6 feet in size.All physically fit plot holders are expected to take their share of grass cutting.Fires must NEVER be lit unless there is no wind at all or the wind is blowing EAST to WEST.Members shall not burn plastics or any other material which produces noxious fumes. Any fires must not be left unattended for any time and care MUST be taken to NEVER let smoke drift towards houses in the vicinity.All members who choose to keep poultry will be collectively responsible for ensuring that all other plot holders are not pestered by rats or other vermin attracted to their poultry or poultry feeding by individually or collectively purchasing the necessary poisons and traps to ensure that the plots are vermin free. The monies paid for annual fees by members will not be used to purchase poisons and traps or any other equipment deemed necessary to eradicate vermin attracted by poultry or poultry feeding.Any member who steals anything from another plot holder will automatically forfeit their membership and will be given two weeks to remove any huts, plants, and any other materials / tools they want to keep from their plots.All new plot holders, should they decide allotment gardening is not for them, are required to contact any Committee member informing them that they have decided to give up their plot in order that is can be re-allocated ASAP.A Tenancy can be terminated by the Committee giving one months’ notice.On termination of this agreement, the Tenant will make arrangements for the removal of all personal property within 28 days.Any plot holder who gives up their plot will not be eligible to re-apply for another plot for a period of two years. The Committee will then decide if such an application is accepted or not.The Committee will assume that all members are prepared to comply with all the Rules (Constitution and Tenancy Agreement) of the Association by members signing the appropriate slip.The Committee shall accept no liability in respect of any claim whatsoever arising from personal injury to the Tenant or any third party and the Tenant agrees to indemnify the Committee in respect of any such claim made against it.The Committee shall accept no liability to the Tenant in respect of any damage to the Allotment or theft of any item or structure placed on the Allotment.The Tenancy can be terminated by the Committee, giving one month’s notice, if the rent is in arrears for 28 days or more, if after 3 months tenancy, the allotment is not clean and in a good state of cultivation and the Tenant has failed to comply with the conditions of this agreement and or any sections of the Allotments Constitution.Any notice required to be given by the Committee to the Tenant shall be sufficiently served on the Tenant either by handing it to the Tenant personally or by leaving it at, or by sending it by ordinary post to the Tenant at the last known address of the Tenant or by affixing the same in some conspicuous manner on the Allotment plot.The Committee reserves the right to amend the Constitution and or Tenancy Agreement from time to time and any amended Constitution and or Tenancy Agreement shall be binding upon the Tenant following the service of a copy of the amended Constitution and / or Tenancy Agreement on the tenant.MEMBERSHIP AND FEES Members must live in Tillicoultry and provide proof of residency e.g. a utility bill.All members are eligible for election to the Association’s Committee following a period of one trouble free year’s membership of the Allotments.All members will pay an annual membership fee. Fees must be paid by the 31st December.Once a member attains the age of 75 years old they are not required to pay any annual fees,Any member who has not paid their annual fee by the 31st December shall be held to have ceased to be a member and shall have their plots reallocated.If someone is on a half plot and the other half of the plot becomes free they can be allocated the second half at the discretion of the Committee.If a plot holder on half a plot wants to move to a full plot and one becomes available they will be given priority over the waiting list at the discretion of the Committee.No commercial enterprises are permitted to be run from the allotments. Any member found to be conducting any form of commercial enterprise involving the allotments will have their membership mittee discretion may be applied to any of the conditions or restrictions listed above.MEETINGSThe Committee will organise two meetings each year 1.e. a general meeting (GM) in May and an Annual General Meeting (AGM) in November.The Committee will meet as required in between these two meetings.Minutes of both meetings will be provided for members.Members may raise issues at the AGM/GM only after having given two weeks written notice of their concerns to a Committee member to ensure a competent discussion.An Extraordinary General Meeting (EGM) may be arranged by the Committee or a two thirds majority vote by the members. Rules and Procedures at meetings:Meetings will be chaired by the Secretary or their representative.A quorum for Committee voting is four elected members. All votes shall be decided by a simple majority of the members present. In the event of a tied vote, the Chair has a casting vote.In the event of a dispute the Chair’s decision is final.The Chair may, at their discretion, accept discussion of relevant business at the GM/AGM without prior notice.MANAGEMENT AND FINANCEThe Association shall elect a Committee and a Treasurer (ex-officio) at an AGM or EGM.The Committee shall have a minimum of four members and a maximum of mittee members will serve for a maximum of three years before standing down (previous Committee members who have served for three years can stand again if they wish).The Committee shall be empowered to manage the affairs of the Association between meetings, following, where possible, instructions and decisions taken by the membership.Any single financial transaction involving a sum of over ?200 must be referred to the full membership.The Treasurer shall keep proper account of the finances of the Association.All monies raised shall be applied to the furtherance of the objectives of the Association, as set out above.Any matters not provided for in this Constitution and Tenancy Agreement shall be dealt with by the Committee at their discretion. ................
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