Berberis House G1 Residents Association

BERBERIS HOUSE G1 RESIDENTS ASSOCIATION

CONSTITUTION

THE NAME

The name of the Association shall be:

BERBERIS HOUSE G1 RESIDENTS ASSOCIATION ("the Association")

THE PROPERTY

The Association covers all of the flats, amenity areas and common areas of the premises known as Berberis House G1 ("the Property") situated at:

1-233 inc, ex 14, 15, 27, 28, 40 & 41

Berberis House

Highfield Road

Feltham TW13 4GP/ TW13 4GQ/ TW13 4GR/ TW13 4GS

AIMS

3.1. To promote, protect and represent the common rights and interests of the members of the Association relating to the use and enjoyment of the Property and its environment.

3.2. To maintain good relations within the community.

3.3. To work towards eliminating all forms of discrimination within the community and encouraging a positive community spirit.

3.4. To promote social, welfare and recreational activities for the benefit of the members of the Association and the community.

3.5. To promote the five ways to well-being to the members of the Association and the community (Connect - Be Active - Take notice - Keep learning - Give).

3.6. To exercise the rights conferred upon the Association by recognition under the Landlord and Tenant Act 1985 or such other statutory rights that may be given by any subsequent enactment.

3.7. To be non-party political and non-sectarian.

MEMBERSHIP

4.1. Membership shall be open to all persons who are lessees holding under long leases of a flat in the Property (“the Leaseholders”), but voting shall be restricted to one vote for each flat.

4.2. Membership shall be open to any other person or persons, over the age of 16 years, resident on the Property (“the Residents”). Such members shall not be elected as Officers or members of the Committee of the Association and shall not be entitled to any vote, with the exception of rule 7.4.

4.3. Associate membership shall be open to any other person or persons, over the age of 16 years, who do not live on the Property, but who are interested in helping the Association achieve its aims. Such associate members shall not be elected as Officers or members of the Committee of the Association and shall not be entitled to any vote. The Committee will decide whether to grant or terminate associate member status.

4.4. Membership of the Association shall be confirmed upon the payment of the first subscription (if any) and formal acceptance by the proposed member of the rules and constitution of the Association.

4.5. A copy of this constitution shall be given to each member.

4.6. Neither the Landlord, the Landlord's representative, any company controlled by the Landlord nor shall any employee of the Landlord be an associate member of the Association or a member of the Committee.

4.7. Members must not discriminate on the grounds of nationality, political opinion, race, religious opinion, gender, age, sexuality or disability.

4.8. Members shall at all times conduct themselves in a reasonable manner when attending meetings or any functions linked to the Association.

4.9. Membership or associate membership of the Association shall terminate:

4.9.1. upon a member giving written notice to that effect to the Honorary Secretary;

4.9.2. upon a member ceasing to be a lessee of a flat at the Property;

4.9.3. upon a member ceasing to be a resident on the Property;

4.9.4. upon failure by a member to pay the annual subscription (if any), in respect of that flat for three months after the same shall become due and payable (membership can be suspended and/or ended by the two-third majority vote of the Committee);

4.9.5. upon any breach of the constitution (membership can be suspended and/or ended by the two-third majority vote of the Committee).

ORGANISATION

5.1. THE OFFICERS

The Officers of the Association shall comprise a Chair, Honorary Secretary and Honorary Treasurer, who shall be members of the Association.

5.2. THE COMMITTEE

5.2.1. The Committee of the Association shall consist of not less than three nor more than eight members of the Association and include the Officers of the Association.

5.2.2. The Committee members shall be elected annually at the Annual General Meeting of the Association and shall hold office until the following Annual General Meeting, when they shall be eligible for re-election without re-nomination.

5.2.3. The Committee shall be empowered to co-opt on a temporary basis other members of the Association to form sub-committees to consider such matters as the Committee or the Association shall determine and the decisions of such sub-committees shall be ratified by the Committee before implementation.

5.2.4. The Committee shall implement the aims of the Association and the resolutions of the Association.

5.2.5. The Committee shall meet as and when required, its quorum consisting of a simple majority of its members, at least two of whom must be Officers.

5.2.6. Minutes of all meetings shall be made available to all members and associate members.

ELECTIONS

6.1. The election of the Officers and the Committee shall take place at the Annual General Meeting.

6.2. Nominations for membership of the Committee shall be proposed and seconded by two members of the Association in writing and notified to the Hon.Secretary seven days in advance of the Annual General Meeting and shall include the written consent of the nominee.

6.3. The Committee shall be empowered to fill any casual vacancy occurring on the Committee or among the Officers and any person so appointed shall serve until the next Annual General Meeting of the Association.

VOTING

7.1. Any member or associate member can make a proposal, but in order for it to be voted on by the eligible members, it must be seconded by another member.

7.2. Voting at meeting of the Association shall be by a simple majority of the eligible members present at the meeting and be by the show of hands unless a ballot is demanded by a majority. In the case of equality, the Chair shall have the casting vote.

7.3. For purpose connected with Sections 18-30 of the Landlord and Tenant Act 1985 (“the Service Charges”) voting shall be restricted to variable service charge payers (“the Leaseholders”) and voting on expenditure wholly attributable to a specific block will be restricted to those members liable for such charges.

7.4. For purpose connected to non-service charges matters voting shall be open to all members.

7.5. For the election of the Officers and the Committee voting shall be open to the eligible members, the Leaseholders..

7.6. If an individual or a company is a leasehold owner of more than one flat voting shall be restricted to only one vote.

7.7. Any member entitled to vote may authorise in writing (such authority to be satisfactory to the Chair) any member of the committee to vote on his/her behalf.

FINANCE

8.1. All money raised by or on behalf of the Association shall be used only for further the aims of the Association.

8.2. The financial year of the Association shall end on March 31st in each year.

8.3. The Annual Statement of Accounts and Balance Sheet (“The Accounts”) to that date shall be prepared for the Association each year and these shall be audited in accordance with proper audit practice.

8.4. Auditors shall be appointed by a resolution at the Annual General Meeting. Officers and Committee members shall not be eligible for appointment as auditors.

8.5. The Accounts shall be submitted for approval at the subsequent Annual General Meeting.

8.6. The property and funds of the Association shall be held and administered by the Committee.

8.7. A resolution of the Committee shall be sufficient authority for payments or the incurring of liability for payments up to the limit not exceeding five hundred pounds. Beyond such limit the Committee shall seek approval of such expenditure by the Association either at the Annual General Meeting or at an Extraordinary General Meeting.

8.8. A bank account shall be opened in the name of the Association and all cheques shall be signed by an Officer and countersigned by one of the three signatures in the bank’s possession (Signatories must not be from the same household or the same family).

8.9. The annual subscription of the Association shall be decided for the ensuing year at the Annual General Meeting but shall not be altered save by a two-thirds majority of the members attending such a meeting.

8.10. In the event of the Association being wound up, any surplus funds shall be disbursed to a suitable registered charity to be decided by a simple majority of the membership.

MEETINGS

9.1. The Annual General Meeting of the Association shall be held not later than three months from the end of the financial year and an Annual Report shall be given of the year's work of the Association.

9.2. An Extraordinary General Meeting of the Association may be convened at any time by the Hon. Secretary, either upon the written instructions of the Committee, or upon a written request signed by at least 10% of the membership.

9.3. At the Annual General Meeting of the Association, or at any Extraordinary General Meeting, 10% of the membership shall constitute a quorum. If no quorum is present, the meeting shall be adjourned to another day, when members present shall form a quorum for that meeting.

9.4. Any General Meeting of the Association may be convened at any time by the Hon. Secretary on fourteen days written notice to the members, which notice shall contain the date, time, place of the meeting and the Agenda.

9.5. Seven days' notice in writing must be given to the Hon. Secretary of any resolution to be moved at any General Meeting, unless such resolution is admitted by the Chair at the meeting.

9.6. A notice containing all resolutions and nominations to be moved, with the names of those proposing and seconding each resolution or nomination, shall be kept by the Hon. Secretary and be available for inspection by any member for seven days before the General Meeting.

9.7. The Association may only be dissolved at a Extraordinary General Meeting called for that purpose. The proposal to dissolve the Association shall take effect only if agreed by a two-thirds majority of the members present at the meeting.

ALTERATION TO THE CONSTITUTION

10.1. No alteration to the constitution of the Association shall be made except at the Annual General Meeting or at an Extraordinary General Meeting called for that purpose.

10.2. Any suggested alteration to the constitution must be handed to the Hon. Secretary at least fourteen days before the meeting.

10.3 Any alteration to the constitution must be agreed by at least two-thirds of the members present in person at the meeting or by proxy under rule 7.7.

INDEMNITY

The members of the Association shall indemnify the Officers of the Association and members of the Committee against all liability incurred by them in good faith on behalf and in the name of the Association acting with their authority.

COMPLAINTS

All complaints or suggestions on matters regarding the Association shall be made in writing to the Hon. Secretary.

CODE OF CONDUCT

CONDUCT

The members, associate members and the Committee of the Association will:

Conduct themselves in an orderly fashion, respecting other members at all times, both in meetings and on the property.
Be courteous at all times in their dealings with everyone in and out the membership and never use sexiest, racist, abusive or other inappropriate language.
Act in a manner that will never bring the Association into disrepute.
Represent the best interests of residents in the property and try to reflect and understand the views of the community.
Promote equal opportunities and value diversity.
Provide new members with appropriate information and make them feel welcome at all times.
Raise issues with the Committee, but not give Officers instructions on the day to day performance of their duties.
Never personalise issues and be willing to recognise that everybody is entitled to express their point of view without unduly preventing progress of discussion.
Be prepared to accept the majority decision and not take such a decision as any form of personal slight or criticism.
Run meetings in a professional and welcoming manner with committee members seated at the front of any General Meeting with members and guests introduced.

COMMUNICATION AND INVOLVEMENT

The Committee and any appointed Sub-Committee of the Association will:

Agree the key contacts to liaise with everyone on the Association business.
Provide contact details of the Association to members.
Use the most appropriate range of methods to inform and engage with members and associate members, promote membership to residents and encourage them to be more actively involved.
Consult members appropriately and adequately feedback outcomes of consultation.
Produce a leaflet which will inform residents about the Association in the Property and other involvement opportunities.
Produce at least one newsletter annually, to update members and residents with regard to activities.
Produce official correspondence. Statements to the media or other organisations on behalf of the Association will be made by the Chair or Committee members with the prior approval of the Committee. Correspondence sent on behalf of the Association must be signed by the Hon. Secretary or Chair, agreed by the Committee and recorded in a log by the Hon. Secretary.
Hold meetings in accessible and appropriate venues at suitable times for all residents to attend and make every effort to encourage and promote attendance. This includes the use of notice boards, letters, emails and flyers.
Allow all members to speak in a orderly manner. Members wishing to speak at any meeting should indicate to the Chair, and then wait to be called upon to speak. All speakers should address the Chair. It is the Chair's role to make certain everyone has the opportunity to speak. Members will be careful to speak and stick to the subject matter in hand and not stray from the point. Only one person shall speak at a time and there should not be any private debates within the meeting.
Produce minutes of all meetings, making them available to all in attendance. All other members will receive copies upon written request.
Attend all relevant meetings when requested, bearing in mind that such availability will sometimes be restricted by personal commitments.
Attend as guest of other residents association, upon invitation.
Arrive punctually for meetings and events and provide at least three hours' notice of cancellation.
Demonstrate how the group has developed committee skills and encouraged new members.
Wear a visible name badge at all meetings.
Behave in a professional and business-like manner at all times.
Explain things in clear jargon-free language.
Develop a plan of agreed actions after each meeting attended and report back to the members at the following meeting the status or outcome of those actions.
Work to establish and keep up to date an event calendar published on the website (if any).
Produce an Annual Report to provide an update with regard to the performance of the Association.
Not deal with any neighbour interpersonal dispute in the property.

CONFLICTS OF INTEREST
Individual members should disclose any interest whether personal or on behalf of any group they represent or work for, that may affect or influence their approach to the matter under discussion.
Members shall not expect to receive more or less favourable treatment by anyone because of their membership.
Members shall not use their membership or position within the membership to seek preferential treatment for themselves, their family or relatives.
Members shall not receive any payment from the Association other than for bona fide expenses agreed by the Committee and approved in advance.

CONFIDENTIALITY

The members, associate members and the Committee will:

Never disclose information deemed confidential. From time to time, members will have access to confidential information or information that has not yet been made public. When members are advised that information is confidential, it must not be disclosed to other people under any circumstances. Members may be asked to sign an agreement that such information will not be disclosed. Such information must not be used for personal gain.
Never disclose or process any personal data unless written consent is obtained.
Respect the confidentiality of all individual residents, whether present or not and not mention specific individual cases which may cause embarrassment or identification of an individual.

BREACH OF THE CONSTITUTION AND CODE OF CONDUCT
If a member of the Association, Committee or member of the public present at a meeting does not abide by the code of conduct the Chair will warn that if they break the code again they will be asked to leave the meeting. This will be dealt with, independently.
The Chair may give the member of the Association, Committee or member of the public two further warnings (a maximum of three warnings in any new meeting and/or three consecutive meetings).
If the member of the Association, Committee or member of the public continues to ignore the code then the chair will ask the meeting to vote on whether the member should be asked to leave.
Following three breach of the code of conduct, the Committee shall consider the suspension and/or termination of the membership in a meeting called for that purpose.
Any member who has been suspended or had their membership terminated shall have the right to appeal.
Appeals must be made in writing to the Hon. Secretary within twenty eight days of receipt of the letter of suspension.
An Extraordinary Meeting must be held to hear the appeal within twenty one days of the Hon. Secretary receiving notification from the suspended member.
The appeal panel shall include the Committee and at least three other members of the Association who are not on the Committee.
Any member appealing suspension shall have the right to bring a third party and also, if they wish, to be represented by the third party.
The decision of the appeals panel shall be binding on both parties.

FINANCIAL GUIDELINES

The Committee of the Association shall:

Under no circumstances use an open or pre-signed cheque.
Resolute the procurement of equipment or any other expenditure in excess of fifty pounds up to five hundred pounds.
Keep an inventory of all items purchased, including purchase price, together with full details of all other expenses and expenditure. The inventory must be made available for inspection upon written request at any time.
Issue any money without a receipt.

DUTIES OF THE OFFICERS
The Officers shall have the duty to further all the aims of the Association.
The Chair shall provide leadership, plan, and call and chair the meetings of the Association and ensure that the Committee works well together and that the Association keeps to its aims. If the Chair is absent, another committee member will take over.
The Honorary Secretary shall be responsible for administration and communication. The Hon. Secretary will set the agenda with the Chair, take minutes of meetings, distribute previous minutes and agendas coming up and conduct the correspondence of the Association. The Hon. Secretary shall keep a record of all correspondence, consultation and activities carried out on behalf of the Association and maintain a register of committee members.
The Honorary Treasurer shall be responsible of the accounts of the Association. The Hon. Treasurer will oversee the management of any money collected and be responsible for paying bills, keep accurate records of money received and spent. The Hon. Treasurer will work with the Committee to carry out financial planning for the year and ensure that all expenditure is agreed at a minuted meeting. The Hon. Treasurer will prepare a financial report and bank statement at every meeting and the Annual Statement of Accounts and Balance Sheet at the end of the year.
Any officer delegated to represent the Association in consultation with any other body shall act on the instructions of Association and shall report back to the Committee or General Meeting whichever is the sooner.
The named officer for consultation will be responsible for ensuring that when responses are made they are representative of the views of the Association and not those of an individual. The named officer will keep a record of responses and provide them as required by the Committee or General Meeting.

PRIVACY POLICY
Information that members volunteer to the Association will be handled in accordance with the Data Protection Act 1998, the principles of which are that personal information shall be:

fairly and lawfully processed
processed for limited and specifically stated purposes
adequate, relevant and not excessive
accurate
kept for no longer than necessary
processed in accordance with the data subjects’ rights
kept safe and secure
not transferred to countries outside the EEA without adequate protection

Information that members volunteer will be processed and stored solely for the purposes of:

administration
public relations
accounts and records
communication between the association and the members

Under the Data Protection Act, each member is entitled to a copy of any information held about him/her.
Data will be made available only to authorised members of the Association, who reasonably need to come into contact with that information and will not be given to other parties except as may be required by law.