Constitution

The following is the updated constitution that was discussed and adopted at our AGM on 9th June.   It was listed on the AGM agenda that was delivered to households on Sunday 31st May 2015.   Please see paragraph 8 below – Alterations to the Rules.

Rules of the Egerton Park Residents’ Association

[Previously the Egerton Park Property Owners Association]

  1. NAME

The Association shall be known as the “Egerton Park Residents’ Association” from the 10th of May 2006.

  1. OBJECTS

(i)     To protect and promote the interests of residents of Egerton Park (including Delyn Close, Egerton Park Close, Egerton Gardens and Roselands Court).

(ii)     To protect and preserve the amenities of Egerton Park. 

  1. MEMBERSHIP

(i)     The association shall consist of owners and tenants (members) in Egerton Park who pay an agreed minimum subscription to the management committee either monthly or annually.  Membership will apply to the household and will include all adult persons residing at that address.  Any member will be entitled to one vote at any general meeting and to stand for election to the committee subject to rule 3(ii) below.

(ii)     Any commercial property owner, care home proprietor, company or landlord not ordinarily resident in Egerton Park will be eligible for “non-resident membership” of the association providing they pay the minimum annual subscription.   Such groups, persons or companies will be entitled to one vote at a general meeting but will not be eligible for membership of the management committee.

(iii)     The residents committee will keep a database of all paying and non-paying households to assist with the collection of fees and the management of reminder letters etc.  This database will not be shared with any third parties unless required by law.

  1. MANAGEMENT COMMITTEE

(i)     The management committee of the association shall, from the date of its election in September 2005, form itself into a company, limited by guarantee and register at Companies House as “Egerton Park Residents Ltd” (the company). 

(ii)     The management committee shall form itself into a board of directors of the company (the board) and shall consist of a number of property owners or tenants who must ordinarily reside within Egerton Park. The number of residents on the management committee will be determined by the AGM and will be whatever the AGM deems to be reasonable in all the circumstances.  For the avoidance of doubt the committee cannot consist of one person. The board will elect a chair person and other officer holders and the company will thereafter be governed by its own Articles and Memorandum of Association and by company law.   The committee will meet regularly and keep minutes of its meetings.

 (iii)     Nominations to the committee will be received at every Annual General Meeting and decided by a vote of members.   In between times nominations can be made by submission to the chair. Decisions on such a nomination will be made by the board or, if there is a dispute, at the next available Annual General Meeting.   Any individual nominated must be willing to serve as a director of “Egerton Park Residents Ltd” and may be subject to certain declarations and prohibitions as laid down in company law and to a credit referencing check as determined by our business bankers.   Elections to the board at an Annual General Meeting will be by nominations from two members followed by a show of hands with a simple majority being sufficient.

(iv)     If a board member resigns or is otherwise unable to continue their commitment the chair will have the authority initially to co-opt a replacement until the next available Annual General Meeting when that person, and/or any other board member must stand for election.

(v)     Should any member wish to request the resignation or censure of any committee member, they should send their concerns and reasons in writing with any supporting information to the chair to be considered at a board meeting.   If the request or complaint relates to the chair of the committee it should be sent to any committee member and the chair shall not attend that part of the next board which hears or relates to that request or complaint. 

  1. SUBSCRIPTION

The minimum subscription for private households from May 2006 will be £60.00 per year or £5.00 per month and will be determined by the committee and ratified at every Annual General Meeting.   The subscription for businesses such as residential and nursing homes is £12.00 per month or £144.00 per year. Any proposed alteration to the rise in the minimum subscription will be debated and voted on at the Annual General Meeting.

  1. FINANCES

(i)     The committee will open a business account, will elect a treasurer and will appoint a firm of accountants to oversee its financial affairs.   The treasurer will provide a brief report at each Annual General Meeting relating to the income and outgoings of the association.

(ii)     The income of the association shall be applied solely to those activities deemed to be beneficial to the amenities of Egerton Park and to the members of the association.   No committee member shall receive any financial remuneration or dividend nor make any personal claim on any property, equipment or monies belonging to the association.   However, nothing shall prevent the management committee from paying, in good faith, any reasonable expenses incurred by any member of the association upon production of a receipt.

  1. MEETINGS

(i)     A general meeting of all members of the association will be convened in May or June of every year at such times and places as the committee decides.   Notice of such meetings will be sent to every member at least two weeks beforehand and reminder posters will be produced at various points around the park.   The accidental omission or failure to notify any member of a forthcoming general meeting shall not invalidate the proceedings of any such meeting.

(ii)     A general meeting will normally only be able to make binding decisions if there are 20 or more members present.   However, the committee of the association can declare a meeting invalid if there are over 20 members present but less than 50 members present and the issues to be voted on are deemed to be so important that a ballot of all members is required.   If this occurs the general meeting will stand adjourned until such time and date as a ballot has been arranged and the committee decides to reconvene.

(iii)     Any member requiring an item to be placed on the agenda for an Annual General Meeting should give notice to the committee preferably before the AGM.   However, at the discretion of the chair any item may be entered into the agenda at the meeting by agreement.

(iv)     At the discretion of either (a) the committee or (b) a request in writing to the chair by at least 10 members of the association, an Extraordinary General Meeting will be convened at such time and place as the committee decides.   Notice of such meetings will be sent to every member at least seven days beforehand.   The accidental omission or failure to notify any member of a forthcoming extraordinary meeting shall not invalidate the proceedings of any such meeting.

(v)     Any member wishing to raise any relevant issue at an extraordinary meeting may do so providing the request is proposed and seconded at the meeting.

(vi)     Only paid-up members of the association will be eligible to vote at any general meeting.   Any elections or voting at any general meetings will be by a show of hands with a simple majority being sufficient [subject to rule 8 below].   Any dispute as to a person’s entitlement to vote will be decided by the committee and may be subject to proof of address and/or the production of identification. 

  1. ALTERATIONS TO THE RULES

Any alteration to these rules must be proposed and seconded by way of a resolution at an Annual General Meeting and agreed by a majority of the members present.

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