Hyndland Residents' Association

Constitution

Version 1.2

31/05/08

The Association shall be known as "Hyndland Residents Association", or "HRA".

2 Aims and Objects

The Association shall: represent the aspirations and concerns of the residents of Hyndland; preserve and enhance the character and amenity of Hyndland and the surrounding area.

2.1 Objects shall be considered by the Committee, in consultation with the membership, to be added to the Constitution at the next AGM (when this object may be removed.)

3.1 Membership shall be open to those interested in promoting the aims of the HRA.

3.2 There shall be the following classes of member:

3.2.1 Members must live within Hyndland, as defined by the Association map, and may vote at General Meetings. If residential status is in dispute the Committee shall determine eligibility.

3.2.2 Associate Members live outwith Hyndland and may not vote at General Meetings.

3.3 Membership shall be conferred by the following means:

3.3.1 Payment of an annual membership fee to fall due in April. Membership shall lapse if payment is overdue by 3 months. The fees shall be suggested by the Committee and any change must be ratified by the membership at a General Meeting. Fees may vary according to membership classes and time of year.

3.3.2 By the discretion of the Committee for honorary membership.

3.4 Upon joining a member must provide their name; address; and, where possible, email address. Personal details shall be kept private within the Association and will not be disclosed to any outside party without the member's consent.

3.5 Any member may at any time resign his membership by giving notice in writing to the Committee.

3.6 The Committee shall have the right to reject applications for membership or to terminate the membership of any individual whose words or actions impedes the aims of the HRA.

4.1 The Association shall be run by a Committee. The Office Bearers shall be Chairman, Secretary, Treasurer, and Membership Secretary. In addition there shall be 8 Ordinary Committee Members (O.C.M.s).

4.1.1 No person shall hold more than one Committee post at a time.

4.1.2 Where required by the Constitution seniority of the Office Bearers shall follow the order of positions laid out in 4.1 with the seniority of O.C.M.s secondary and following the duration of their current term.

4.2 Responsibilities of the Committee shall be divided amongst the Committee Members.

4.2.1 The Chairman shall be responsible for the smooth running of the Association, and shall be responsible for performing or appropriately delegating tasks for which no particular Committee Member is responsible.

4.2.2 The Secretary shall be responsible for keeping the minutes of Association meetings, and responding to routine administrative tasks.

4.2.3 The Treasurer shall be responsible for the Association's funds, servicing its bank accounts. Accounts shall be prepared at 31st March each year.

4.2.4 The Membership Secretary shall be responsible for keeping a record of all members.

4.3 The Committee shall be elected by the membership except in special circumstances.

4.3.1 Office Bearers shall be elected annually. The Chairman shall hold office for up to a maximum of 3 years.

4.3.2 O.C.M.s shall serve a term of up to 3 years after which they may stand for re-election. Additional Committee Members may be co-opted by the Committee to enable it to carry out the aims of the Association. These positions are temporary and do not carry voting rights.

4.4 Any Committee Member may at any time resign his Committee membership by giving notice in writing to the Committee.

4.5 Motion of no confidence: By the decision of the Committee or by a petition of a quorate body of the membership then a Committee Member must face a motion of no confidence at a General Meeting of the Association. The person so challenged must be given at least 3 weeks notice in writing of this motion, and at the meeting must be given the opportunity to defend himself. If a special majority support the motion, then the individual shall be removed from the Committee. If possible an election should be held for the position otherwise it should be considered vacant.

5.1 Unless otherwise specified postal or proxy voting is not permitted.

5.2 Unless otherwise specified all votes shall be by simple majority.

5.3 A special majority shall require the support of at least two-thirds of members present and voting.

5.4 The most senior Committee Member present shall chair each meeting or shall delegate this responsibility to another Committee Member. The meeting chairman shall have a casting vote if necessary.

5.5 Committee Meetings

5.5.1 The Committee as a whole shall decide on activities the Association undertakes.

5.5.2 Meetings shall be held in an easily accessible place at least once every 3 months, with at least one week's notice given except in the case of emergency. Any 2 Committee Members may at any time call a meeting of the Committee.

5.5.3 The quorum for Committee meetings shall be 5 voting members including one Office Bearer.

5.5.4 Committee decisions shall be subject to review at later Committee meetings.

5.5.5 All such meetings shall be open to any interested Resident Members of the Association.

5.6.1 General Meetings shall be held by the Committee with the membership to decide important matters.

5.6.2 The quorum for General Meetings shall be 20 voting members or 15% of the voting membership, whichever is less. A quorum of the Committee must attend.

5.6.3 At least 3 weeks' notice shall be given to the Association before any General Meeting by reasonable means (e.g. on the Association web site, via email, or by public notice in the area) and shall include all known business of the meeting especially details of any proposed constitutional amendments, positions open for nomination and any existing nominations.

5.6.4 Annual General Meetings (AGMs)

5.6.4.1 The AGM shall be held in May each year.

5.6.4.2 The order of business at the AGM shall be as follows:
Reading of the minute of the last AGM;
President's address;
Treasurer's statement;
Election of the new Committee Members;
Procedural matters;
Any other competent business.

5.6.5.1 An EGM may be called by the decision of the Committee or by a petition of a quorate body the membership. If petitioned by the membership the EGM must be held within 6 weeks.

5.6.5.2 Procedure and order of business for an EGM are as for the AGM, except any motions of no confidence proposed at an EGM must be conducted prior to any elections.

5.6.6 Elections

5.6.6.1 Only Resident Members of the Association may stand for election to the Committee.

5.6.6.2 All nominations must be written, supported by a proposer, a seconder and the candidate's signature of approval, and must be in the hands of the Committee at least one week before the meeting. Late nominations or oral nominations on the night will be accepted where no nominations have been recieved by the due date.

5.6.6.3 An election shall be held for all contested positions. Nominees shall present themselves to the membership and shall take questions from the floor. Elections shall be held by paper ballot and postal votes shall be accepted if submitted to the Committee before the start of the meeting, clearly identifying the member and voting preference. Elections for positions shall be conducted in order of seniority.

6.1 The Association shall not participate in nor condone any actions which discriminate against individuals on grounds of gender, race, disability, sexuality, religion, political beliefs or age.

6.2 The Committee shall not use Association funds for personal purposes.

6.3 The Association accounts shall be examined at least once per annum by a person not on the Committee. The examiner shall be suggested by the Committee and ratified by the membership at a General Meeting.

6.4 It shall be the duty of every member who is in any way directly or indirectly interested financially or professionally in any item discussed at any Committee meeting at which he is present to declare such interest and he shall not discuss such item (except by invitation of the chair) or vote thereon.

6.5 Any member dissatisfied with the activities of the Association or its Committee should bring his grievances in the first place to any Committee Member as an individual, and then to the whole Committee if he is still not satisfied.

7.1 Official documents of the Association include: books of account, copies of official correspondence, minutes from meetings, and copies of the Constitution.

7.2 They shall be maintained by the appropriate office bearers who shall take steps to prevent their accidental loss.

7.3 They shall be available to Resident Members by reasonable means, e.g. posted on the web, on request by letter or email, or by inspection at any reasonable time.

7.4 The Constitution

7.4.1 Any words in this Constitution which indicate masculine gender should also be read as their female equivalents.

7.4.2 The Association map shall be considered part of the Constitution.

7.4.3 Only a quorate General Meeting of the Association may amend the Constitution. A special majority shall be required to pass any amendment, including adopting a new Constitution.

7.4.4 The Association shall keep the Constitution up to date, and shall preserve dated historical copies of it.

8.1 The HRA shall be wound up if a motion to do so is passed by a special majority present at an EGM called for that purpose.

8.2 In the event of the HRA being wound up the whole assets of the HRA, after payment of debts, shall be paid or transferred to a charitable body selected by the Committee.