The Four Oaks Plotholders’ Association Constitution
1. The name of the association shall be the Four Oaks Plotholders’ Association (FOPA).
2. The objects of the Association shall be the conduct and management of the plots on the Four Oaks Common allotment site in Four Oaks, Sutton Coldfield.
3. Membership of the Association shall be confined to plot holder tenants on the Four Oaks Common allotment site who are automatically members of the Four Oaks Plotholders Association.
4. Annual subscriptions shall be due and payable at the same time as the annual plot holders’ rents are due to Birmingham City Council. Payment of the annual subscription will continue to give plot holders associate membership of the Social Club at Four Oaks Common Road.
5. A committee of plot holders shall be appointed by the members at a general meeting or Annual General Meeting (AGM) of the Association which shall be held in November each year. The committee shall not exceed nine members. The committee may co-opt additional members if required. Such co-opted members shall not have voting rights. The committee shall meet at least 4 times each year.
6. Notice of the AGM shall be published no less than 21 days before the date of the event.
7. If a casual vacancy occurs in the committee then the committee can appoint another member of the Association to fill the vacancy until the next AGM when that member will be eligible for election. Such members will have voting rights.
8. As soon as practical after the meeting appointing the committee, the committee shall meet and appoint from its number the following three Officers, namely, Chairman, Secretary and Treasurer. Other officers may also be appointed or co-opted as required. A quorum for this and any other committee meetings shall be over half of the full committee, of whom 2 shall be Officers. The Committee shall have collective responsibility for its actions and decisions and as such there should be no personal liability for any one committee member acting in any one of these roles.
9. The tenure of membership of the committee shall be initially for the period up to the 2017 AGM and on retirement committee members shall be eligible for re-election. Thereafter any committee member shall be appointed for a period of two years and shall be eligible for re-election on retirement.
10. The tenure of an officer of the Association shall be initially for a period up to the 2017 AGM year and on retirement shall be eligible for re-election. Thereafter any officer shall be appointed for a period of 2 years and shall be eligible for re-election on retirement.
11. The committee is hereby authorised to open and operate Bank or Building Society accounts in the name of the Association. The mandate to operate the accounts will be vested in the Officers of the Association and the signatures of the Treasurer and one other Officer will be required on all cheques or withdrawals from the account. The Association will maintain the usual records of accounts which will be presented to the Annual General Meeting (AGM) of the Association for approval. These accounts may be inspected by any plot holder on request, by mutual agreement on timing.
12. The committee is hereby authorised to conduct negotiations with Birmingham City Council as to the management of the plots on the Four Oaks Common site in accordance with the agreement between the Association and the Council. The Committee, represented by the Secretary or any other delegate , shall be responsible for the day to day management of the Four Oaks Common site in accordance with the Birmingham City Council Allotment Rules and the Allotment Management Handbook .This includes such issues as changes to plot tenancies, plot maintenance, health and safety, installation of sheds and greenhouses etc.
13. An Extraordinary meeting of the Association can be called at any time by the committee or by a group of plot holders numbering at least one third of the total number always providing that 21 days notice has been given.
14. On the dissolution of the Association any funds of the Association not payable to the Birmingham City Council and remaining after all debts and other financial liabilities have been cleared shall be paid to the current members of the Four Oaks Plotholders’ Association as determined by the Secretary. “Other financial liabilities” includes any charitable grant monies which have not been spent. Such monies should either be returned to the donating charity or transferred to a similar registered charity.
15. Any amendments to this constitution shall be made by resolution of the members of the Association at an Annual General Meeting of the association. Proposals to change the constitution must be given in writing to the Secretary no less than 21 days before the AGM and approved at the meeting by a two thirds majority of those present and voting.
16. The status of this Association is an unincorporated association whose assets, monies, buildings, stock or equipment cannot be incorporated, transferred, usurped or otherwise suffer a change of ownership without the unanimous agreement of every association member. Any change in status would be at an AGM specifically called for such a purpose.
This constitution was approved at the Annual General Meeting of the Four Oaks Plotholders Association held at the Four Oaks Common Social Club on 18h November, 2018