|
Model Constitution for Tenants
& Residents Associations |
Every group has their
own ways of working and this model constitution is to give you a framework to
add on and change to help create your own rules for your organisation. Some
things have to be in your constitution or your group will not be recognised as
democratic and accountable. There are some notes at the back to help you make
the right choices..
The name of our association will be …………………….Tenants and Residents Association (the name is your own choice - see notes ).
.
2. AIMS &
OBJECTIVES.
The aims and objectives of the Association will be:
· To seek to improve conditions for the residents of the area.
· To represent and to promote the interests of all the tenants and residents living in our area.
· To work for improvements to our homes; to the Housing Service and other services we receive; and to the local environment.
· To work in partnership with other agencies to achieve our aims.
The Association will promote any charitable aim to further the above objectives; and will foster a community spirit in order to advance education and to provide facilities for training and recreation, to further health and the relief of poverty, sickness and distress.
This association supports no political party.
3. MEMBERSHIP
Membership of the Association shall be open to all tenants and residents living in the ………………….area (include a list of streets and house numbers where necessary or include a map showing the boundaries of the area – see notes for membership lists).
All members shall have voting rights on all issues raised at
meetings except: on those issues
specifically relating to Council House finance, only council tenants will have
voting rights. On those issues specifically relating to Housing Association
finance, only housing association tenants will have voting rights.
4. Equal
Opportunities Statement
This association wants to involve everyone in the area and will try to overcome any obstacles to people giving their views or getting involved in meetings and events. The Association will try to make sure that everyone can feel welcome and safe at events organised by the Association. The Association will challenge any remarks or behaviour that cause offence and makes some people feel unwelcome. The Association will take positive action to reach those people that are under-represented at meetings and events and will ensure that all members have equal opportunities to attend and take part in the association and its events.
5. MANAGEMENT committee
The Association will be run by a Management Committee elected at the Annual General Meeting.
The Committee will be made up of Officers, including a Chair, Secretary, Treasurer, and Ordinary members (it is up to you to decide how many and what is a workable committee size).
If vacancies occur among the officers between AGMs, the Committee shall have the power to fill those vacancies except where three or more vacancies occur at the same time in which case a Special General Meeting, advertised for that purpose, must be called
Committee members who miss more than three consecutive meetings without giving reasonable apologies may be asked to resign their post. A member of the committee may be removed or suspended from their post if they bring the good name of the association into disrepute. A full meeting of the committee will be called to consider evidence from all sides and a majority vote will be necessary to remove or suspend.
The Committee will have power to co-opt members with skills
and knowledge useful to the association who can advise and support the
Association. Co-opted members of the
Committee can take part but will have no voting rights at Committee meeting and
should not hold officer posts or represent the association at meetings or
events.
6. ANNUAL GENERAL
MEETING
Once a year (and no later than after 15 months) the Committee will call an Annual General meeting (AGM). Written notice of the meeting must be sent at least seven days in advance to every household and members should be made aware that they will have the opportunity to make nominations for election or stand for election themselves and to vote for the officers and committee at the meeting.
· The minutes of the previous AGM will be presented and approved.
· The existing committee will present a report of the association's activities.
· The existing treasurer will present audited accounts for the year.
· Any amendments to the constitution will be voted on.
· The existing committee will stand down.
· The officers and committee for the next year will be elected. Nominations for officers and committee will be accepted only if the person nominated is present at the Annual General Meeting or has put in writing that they want to stand.
· If there is nobody willing to stand, the committee will decide whether to start procedures to close the association down. Alternatively the committee can continue in office to try and redevelop the association for up to six months. It is the responsibility of the committee to recruit a new committee or formally dissolve the association within that period.
7. SPECIAL GENERAL
MEETING
The Committee of the Association may, at any time, call a Special Meeting of the Association, giving at least 7 days written notice to all members, to consider any matter that the Committee may decide should be referred to all members.
A Special Meeting of the Association can also be called by 10 or more members who request this in writing to the secretary stating their reason for wanting one. This could be in the form of a letter signed by 10 people from different addresses. The secretary will ensure that the meeting is held within 28 days and that all households are given prior notice.
8. RUNNING YOUR
MEETINGS
This association will be democratic and open. The committee will hold at least quarterly meetings or events and will publicise general meetings and public events to all households on the estate in order to involve all members and hear their views.
At least_______(put in a number you think right) members of the committee have to be present to take a decision on behalf of the association. All members of the committee should be consulted on the dates and venues of meetings. The committee will try to work by general agreement but where this is not possible decisions will be taken by majority vote.
Minutes will be kept of all meetings of the association. The minutes will be
presented to the next meeting to be approved. The minutes should be made
available to any member of the association on request.
All members of the association will be expected to treat each other with respect and act in a reasonable manner at association events. The Chair may ask members to leave if their behaviour is disruptive or offensive.
9. FINANCE
The committee can raise money on behalf of the association as they see fit, as long as they spend it in line with the aims and objectives of the association.
The treasurer shall keep proper account of the finances of the Association and shall open a bank account in the name of the Association. The committee will nominate at least three people who can sign cheques. These people must not live in the same household or be close family members.
The accounts will be audited or independently checked at least once a year and the audited accounts presented to the Annual General Meeting and copies sent to the Tenant Involvement Officer.
The committee are responsible for the proper use of money raised through grants according to the guidelines issued by the funding body
The Treasurer should keep receipts for all money paid out in expenses to committee members for duties carried out on behalf of the group.
10. ALTERATIONS TO THE CONSTITUTION
This constitution may only be amended at an Annual General Meeting or at a Special General Meeting. Any proposal to alter the Constitution should be should be sent to the Secretary at least 14 days before the meeting. Notice of the proposal to alter the constitution should be included in the publicity for the meeting . Any alteration to this constitution requires a two-thirds majority of those present and voting.
11. DISSOLUTION
While it is hoped that this clause is never used, provision should be made to dissolve the Association.
The association may only be dissolved at a public meeting called for that purpose and publicised to all households. All members have to be informed that a decision about the future of the association will be on the agenda.
A proposal to dissolve the association will only be carried if agreed by two thirds of the members present or if the association is unable to form a committee. All outstanding bills will be paid and the balance of any grants from funding bodies will be returned. Any assets remaining after the satisfaction of proper debts and liabilities will be applied towards the charitable benefit of the residents of the area as the Committee may decide subject to the approval of the meeting to dissolve the Association.
All records of the association, including all financial records, will be handed to the Tenant Involvement Officer.
The Constitution was adopted as the Constitution of the ………………………..
Association at a general meeting of it’s members held at . . . . . . . . on . . . . . . . . . . . .
Signed Chairperson
Signed Secretary
This Constitution should be kept on file and made available to members on request.
These notes should help you decide on your constitution.
1. Name
The name of the association is up to you. Most people call the association after the area they represent. Some people call themselves “Tenants Group “or “Residents Association” rather than Tenants & Residents Association. People will judge you by your name so think about the message you want to put across.
2. Aims & Objectives
You can add your own aims and objectives. You need the paragraph about charitable aims if you ever want to apply for Lottery funding. The group must not support political parties.
3. Membership
You need to decide the area that your group covers. It cannot be the same area as any other registered association. The area you chose should be a distinct area with clear recognised boundaries. If you are only including parts of some streets or roads, you will need to list housing numbers or provide a map. Some groups have decided to have a membership list. This will be treated as “the area” they cover.
4. Equal Opportunities
Your group will have a lot more influence if you can show that you are representing everyone in your area and making real attempts to involve people and hear their views. It is against the law to discriminate on grounds of age, disability, race or gender but it is possible to discriminate without meaning to – by holding your meetings in an inaccessible place for instance . Think about all the people you represent; think about their different needs and what might stop some people getting involved. A separate model equal opportunities policy is available from Leeds Tenants Federation which you may like to look at.
5. Management Committee
You can appoint more Officers if you want – some people have a vice chair, some have a publicity officer. You might want set a minimum or maximum size for your committee – but it’s up to you and whatever works.
6. Annual General Meeting
Every home you represent must get written notice of the annual general meeting and that is one of the criteria for registration.
It is very important that all your members know they can vote and stand for election at the Annual General Meeting. You may want to send out nomination forms in advance so that you know who is standing for election. You will need to hold the election of the officers and committee at the meeting. You might want to get an independent person to chair this part of the meeting.
The Annual General Meeting is also the time when you report back to your membership on what you have done during the year. This includes a financial report and you should arrange for the books to be checked by an independent person or auditor and give members a written breakdown of income and expenses. Some groups distribute a written annual report.
7. Special General Meetings
A Special General Meeting is used to deal with major events, like changing the constitution of the group.
8. Running your Meetings
It is up to you how often you have general meetings that are open to all members. We would encourage groups to use a variety of ways of involving their membership. Remember that most people never come to meetings so you might want to use surveys, galas, or social events to reach people.
It is important that people feel involved in the association even if they don’t come to meetings. They might be able to help out in other ways. In your newsletters try to make it easy for members to contact the committee and try keep them in touch with what you are doing.
It is a good idea to plan the dates of your meetings in advance. That way you have a better chance of getting housing officers and guest speakers to attend. You should give invited guests at least two weeks notice of the meeting and it is best to let them know in advance what you want them to talk about.
9. Finance
Your association should adopt an expenses policy to make sure all members know exactly how much money everybody will be able to claim on behalf of the association. The expenses policy can be amended at a public meeting to ensure it is flexible enough to suit the needs of this association.